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Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement- What's Next?

While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price discrimination in...more

ITC Proceedings: An Alternative to Knock Out Knockoffs

With the rise and dominance of e-commerce and internet marketplaces as a sales channel, many U.S. manufacturers face growing competition from the importation of infringing, cheaper products online. Internet marketplaces have...more

The FTC's "New" Tool: Greater Enforcement of the Robinson-Patman Act

While, historically, government enforcement of the Robinson-Patman Act has been virtually non-existent, the Federal Trade Commission (FTC) recently announced its intention to dust-off the oft-forgotten Act to encourage...more

Resale Price Maintenance May Carry More Risk Than Originally Thought in Canada, Eh?

In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition...more

COVID-19: Steps Product Manufacturers Can Take to Protect Their Brand as At-Risk Retailers Face Bankruptcy

The economic fallout of COVID-19 is widespread and immense, and few businesses remain unscathed by fundamental changes to consumer spending. No industry may be more affected than traditional department stores and brick and...more

Manufacturers Need to Mitigate Risk of Price Bias Claims

Rebates and other volume discounts are a frequent practice in businesses today. While few manufacturers recognize that pure volume discounts and other forms of rebates — unless designed and implemented properly — can run...more

If at First You Don’t Succeed, Yutai Again: Yutai Seeks Clarity from Chinese High Court on Resale Price Maintenance Divergence

Today, product manufacturers doing business in China face uncertainty with regard to resale price maintenance (“RPM”). For more than five years, the National Development and Reform Commission (“NDRC”) and Chinese courts have...more

10/11/2018  /  China , Manufacturers , NDRC , Resale Pricing

November 2018: China’s Inaugural Import Expo

This upcoming November, the Ministry of Commerce of the People’s Republic of China and the Shanghai Municipal People’s Government will co-host China’s first-ever International Import Expo (the “Expo”)....more

8/1/2018  /  China , Imports , Manufacturers

Formerly named “Competition Commission of Singapore” Takes on a New Name in Light of Expanded Consumer Protection Role

Last month, the Singapore Parliament passed a bill expanding the Competition Commission of Singapore’s regulatory powers. In addition to administering and enforcing Singapore’s Competition Act, the regulatory body will now...more

Putting China on the MAP: Online Price Erosion Strategies for Product Manufacturers in the People’s Republic of China

Product manufacturers are always looking to increase revenue by tapping into new markets. In recent years, they’ve begun to focus their efforts on driving sales in Asia. ...more

No Rule of Reason Here: State AG Reminds Manufacturers That Minimum Retail Price Agreements Are Illegal Per Se in Maryland with...

In 2007, the Supreme Court overturned almost a century of precedent by ruling that vertical price restraints were no longer per se violations of the Sherman Antitrust Act (the “Sherman Act”), finding they would now be...more

7th Circuit Not Convinced That Bulk Packaging Constitutes a Promotional Service Under The Robinson-Patman Act

The Robinson-Patman Act (the “RPA” or the “Act”) is designed to ensure fair competition among purchasers. The Act separately addresses different forms of unlawful discrimination between competing purchasers — section 2(a)...more

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