In a new article for the American Bar Association Antitrust Law Section, Thompson Coburn attorneys Kimberly Bousquet, Nicole Williams, Jocelin Tapia, and Aaron Mendonsa covered recent pricing enforcement trends.
State and federal enforcement actions targeting pricing strategies at all levels of the distribution chain have proliferated in recent years. In the ABA article, the authors examined resurgent and sustained price discrimination enforcement under the Robinson-Patman Act, as well as a broader reassertion of standalone FTC enforcement authority in the deceptive pricing context under Section 5 of the Federal Trade Commission Act. They also looked at developments in price discrimination and deceptive pricing claims brought pursuant to state unfair competition laws.
The challenge of pricing practices using competition-related laws is on the rise, the authors concluded, and those involved in pricing activity should watch developments at both the state and federal levels and consider their pricing practices accordingly.
The full article is available here (registration required).
