Many are asking how long states of emergency can continue to be renewed, and whether such extended renewals are permissible or valid. Given the lack of comparable precedent, there is some uncertainty around the issue....more
On November 12, 2020, D.C. Attorney General Karl Racine filed a lawsuit against Capitol Petroleum Group, LLC (“CPG”), a retailer and distributor of gasoline in the District. According to Attorney General Racine, CPG...more
China has a very different approach to price gouging restrictions than the state level system in place in the United States. As the Chinese market is of particular importance to our readers and their businesses, operators may...more
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 for our clients and...more
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 friends....more
11/11/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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 friends....more
11/6/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
We continue to cover the patchwork of price gouging laws and enforcement actions brought under them, providing an overview of the current legal landscape. We are also following and will report on the application of price...more
11/2/2020
/ American Samoa ,
Antitrust Provisions ,
Antitrust Violations ,
China ,
Enforcement Actions ,
EU ,
Goods or Services ,
Guam ,
Navajo Nation ,
Price Gouging ,
South Africa ,
State Attorneys General ,
State of Emergency ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Competition and Markets Authority (CMA) ,
Unfair or Deceptive Trade Practices ,
Virgin Islands
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 friends....more
As mentioned in our previous post, the legality of state Governors’ emergency powers have come under scrutiny during the pandemic. Michigan’s Supreme Court, for example, recently struck down Governor Gretchen Whitmer’s...more
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
If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many...more
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
Are Michigan’s Enhanced Price Gouging Provisions Undone?
As much of the country remains under various and often overlapping states of emergency, one Governor’s powers have been limited by a state supreme court. On October...more
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 friends....more
Six months into the states of emergencies triggered by the COVID-19 pandemic, there is a sizeable amount of data on how prices have actually moved, potentially leading to more private actions as plaintiffs’ now have the...more
Price gouging laws have become more relevant than ever, but a historical review reveals that price gouging laws may be a historically recent, and misguided development. It was not until 1979 that New York State enacted the...more
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
9/3/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Market Manipulation ,
Masks ,
Natural Disasters ,
Personal Protective Equipment ,
Price Gouging ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Unfair or Deceptive Trade Practices
Price gouging enforcement is at an all-time high, but many ambiguities about the application of these state laws remain. Among the many questions left unanswered: what does a statute mean when it says “trade area” or “market...more
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
8/18/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Internet Retailers ,
Legislative Agendas ,
Price Gouging ,
Public Health Emergency ,
Regulatory Agenda ,
Retailers ,
State Attorneys General
Private plaintiffs and state enforcers have been targeting businesses up and down the supply chain for price gouging violations. Some of these actions have been over the price of goods long associated with the COVID-19...more
8/17/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Public Health Emergency ,
State Attorneys General ,
State of Emergency ,
Statute of Limitations ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
8/12/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Infectious Diseases ,
Personal Protective Equipment ,
Price Gouging ,
Price-Fixing ,
State of Emergency ,
Unfair Competition
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
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
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
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