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Price Gouging Weekly Round Up - August 2020 #2

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Price Gouging Laws and Overlapping States of Emergency

Most price gouging laws have been in effect throughout the country since early March due to the pandemic. As hurricane season gets underway, businesses should be aware that new states of emergency may be declared, overlapping...more

How to Calculate a Baseline Reference Price to Ensure Price Gouging Compliance

Price gouging statutes typically operate by setting a baseline over which any price increase is presumptively illegal, subject to various exemptions. But different states use different formulas for their baselines. Businesses...more

Price Gouging Weekly Round Up - August 2020

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Price Gouging Laws Expected to Remain in Effect Through the End of the Year

In response to the public health crisis caused by COVID-19, states of emergencies were declared across the nation in order to implement emergency response plans and halt the spread of the virus. Generally, state governors...more

Calculating Damages for Price Gouging Violations: Why Customer Refunds are Only Part of a Company’s Concerns

As the COVID-19 pandemic continues and the triggering states of emergencies are largely extended, companies are increasingly focused on compliance with state price gouging statutes. State attorneys generals have launched...more

Price Gouging Weekly Round Up - July 2020 #4

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Does ‘New and Improved’ Products Mean I can Charge a New and Improved Price?

State price gouging laws do not typically address product improvements or reformulations. Still, businesses should consider price gouging restrictions when releasing “new and improved” products, as the same pricing...more

Price Gouging Weekly Round Up - July 2020 #3

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Introducing a New Product or Service? Why Price Gouging Laws May Still Apply

While price gouging is often discussed in the context of existing products, new products and services may be covered as well. As a result, businesses looking to introduce new products during a price gouging emergency can seek...more

Pricing Controls under the Defense Production Act

With the federal government’s increasing focus on enforcing price gouging compliance, attention has turned to the Defense Production Act (the “DPA”). Passed in 1950 in response to the Korean War, the DPA is modelled on the...more

Price Gouging Weekly Round Up - July 2020 #2

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

When Will It End? – Price Gouging Restrictions Remain in Place for Uncertain Period

The pandemic has demonstrated that price gouging laws are not only written in an ambiguous manner, but are ambiguous as to whether they are in effect or not. A recurring problem faced by businesses is that some states are not...more

Price Gouging Weekly Round Up - July 2020

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Federal Price Gouging Enforcement Update

While the majority of price gouging enforcement has occurred at the state level (see Proskauer on Price Gouging — A Coast-to-Coast Reference Guide), the federal government has also been active, and several federal price...more

Proskauer on Price Gouging: A Coast-to-Coast Reference Guide - July 2020

What’s New in Version 2 - To help businesses navigate state price gouging statutes, we have updated this guide with revised content addressing new developments in state price gouging laws and emergency measures currently...more

Price Gouging Weekly Round Up - June 2020 #5

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Price Gouging Laws and the Dormant Commerce Clause?

During the pandemic, businesses are asking about their potential price gouging liability in states that they do not sell into directly but where their products might end up. At least one federal circuit court addressed this...more

“Covid Surcharges” – Fair Game, or a Price Increase by Another Name?

As businesses figure out how to be creative and continue to operate during the pandemic, some have turned to “Covid surcharges” to account for new or increased costs. “Surcharges” may seem more benign than direct price...more

Price Gouging Weekly Round Up - June 2020 #4

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Pricing Around the Margins: Is it Price Gouging if my Costs have Gone up?

Despite the continued implementation of state price gouging laws, many companies have been able to legally raise their prices by relying on exceptions related to cost increases. Many have asked whether the exception...more

Price Gouging and Services: Third-Party Food Delivery Price Gouging?

As new restrictions addressing the economic impacts of COVID-19 continue to be proposed, some are targeting price increases for services. Businesses may want to re-familiarize themselves with the “services” covered by...more

Price Gouging Weekly Round Up - June 2020 #3

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and...more

Q&A Follow-Up from “The Price is Right…or Is It? What Supply Chain Businesses Should Know” Webinar

On June 3, 2020, Proskauer’s Antitrust Group hosted a webinar on what supply chain businesses should know about price gouging laws and regulations, and, during and after the webinar, we fielded some thoughtful follow-up...more

What Fund Managers Need to Know About Price Gouging Laws

During the current COVID emergency, every state that has price gouging laws on its books has activated them. States without official statutes are regulating prices by executive order or existing consumer protection and unfair...more

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