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In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers in an antitrust...more
With the Biden administration ramping up scrutiny on supply chains and pricing practices, businesses should take a moment to revisit their COVID-19 price gouging compliance. As we’ve previously highlighted, risk management...more
In an interview on All In with Chris Hayes in January, Sen. Elizabeth Warren, D-Mass., claimed that a factor causing the high prices facing U.S. consumers is “giant corporations who say, wow, a lot of talk about high prices...more
New York Governor Kathy Hochul has declared a disaster emergency for the state through January 15, 2022 in the wake of rising COVID-19 cases in the state and the newly identified Omicron variant. According to The Wall Street...more
As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more
Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more
The Justice Department’s Antitrust Division continues to target a sprawling cartel investigation of the chicken industry. In its most recent action, the Justice Department announced an indictment of Koch Foods and four...more
On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more
Friday’s jobs report was not only 200,000 jobs below projections for November, but it marked the fifth straight month of a diminished pace of hiring in the United States and brought urgency to facing the reality that there...more
On Monday, Northern District of Illinois Judge Virginia M. Kendall denied three motions to dismiss a putative class action alleging that the nation’s leading turkey suppliers—including Butterball, Cargill, House of Raeford,...more
As the Bilzin Sumberg team previously reported in June 2020, the Department of Justice (DOJ) indicted four executives from Pilgrim’s Pride and Claxton Poultry for their participation in a conspiracy to fix prices and rig bids...more
A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more
The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy....more
Federal regulators—including the Federal Reserve and the OCC—have fined Citigroup $400 million over “longstanding” failures in the areas of risk management, data governance, and internal controls. In addition to the fine, the...more
The Antitrust Division’s recent indictment of the boiler chicken executives provided an important reminder to compliance officers on the importance of an effective antitrust compliance program....more
The recent indictment of four executives involved in a long-running price-fixing scheme among broiler chicken suppliers provides an important window into how such conspiracies work and evade detection....more
The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging...more
In May, the U.S. Supreme Court issued a decision in Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019), holding that consumers of Apple’s App Store could bring suit against the tech giant for antitrust claims. ...more
Facebook and the FTC have agreed to terms on a settlement addressing the social network’s privacy violations in recent years. Along with the previously reported $5 billion fine, the deal will require Facebook to “add new...more
The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more
Margrethe Vestager, head of the European Union’s Directorate-General for Competition (“DG Comp”), recently announced that the EU was once again investigating actions of a high-profile tech company – Amazon....more
Outlet malls are popular destinations for consumers seeking a bargain, even if not everyone agrees that the deals are as good as advertised. But although the prices may seem low, a common provision in lease agreements...more
The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more
Last week the U.S. Court of Appeals for the Second Circuit issued a major win for American Express in a landmark decision in United States v. American Express Co. In that case the government filed an antitrust suit against...more
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