ABA Antitrust Law Section Pricing Conduct Committee

We can't wait to see you at the 2025 Spring Meeting! ? Join us at the Committee Welcome Reception on Wednesday, April 2 at 5-6pm. This will take place on the Mezzanine Level of the Marriot Marquis and is a great way to connect with Pricing Conduct Committee leadership and members! ? Check out one of the timely sessions presented by the Pricing Conduct Committee. A full list is below.

Join us in Boston on June 3 for a regional reception hosted by the American Bar Association Antitrust Law Section! The Pricing Conduct Committee is co-sponsoring the reception with the Consumer Protection Committee of the ABA Antitrust Law Section, Distribution and Franchising, Media and Technology, Mergers and Acquisitions, and Unilateral Conduct Committees.

Interested in learning more about international antitrust policy? Join the ABA Antirust Section for a Meet the Enforcers panel with the Argentine CNDC on March 4. Register: https://lnkd.in/eRkNMhpk

There's still time to register for tomorrow's panel on the FTC's case against Southern Glazer's Wine and Spirit! Join us at noon on February 13 for the first Robinson-Patman case brought by the FTC in 20 years. ??: Register at https://lnkd.in/gsK7UmnR. Free for ABA members. Presented by the ABA Antitrust Law Section Pricing Conduct Committee Co-sponsored by the ABA Antitrust Law Section Distribution and Franchising Committee

??Minnesota Enacts Junk Fee Statute ?? The Minnesota Legislature has enacted a new statute, effective as of January 1, 2025, to enhance pricing transparency for consumers by curbing deceptive trade practices associated with “junk fees.” The legislation targets a common practice known as “price dripping,” where businesses advertise a base price that does not reflect the actual total cost due to additional mandatory fees. Under the new statute, a price advertised, displayed, or offered for goods or services must include all required charges, except for taxes imposed by government entities and reasonable shipping fees. ABA Antitrust Section members can read more about the case in the Price Tags authored by Rose Levine on Communities: https://lnkd.in/eQ3VfT9y

The FTC's price discrimination suit against Southern Glazer's Wine and Spirit explained! Join Larry Silverman and Matthew Backus for a discussion moderated by Emily Walden, Ph.D. of the economics, antitrust enforcement policy, and legal precedent behind the first Robinson-Patman case brought by the FTC in 20 years. ???: Thursday, February 13 ??: 12-1pm ET ??: Register at https://lnkd.in/gsK7UmnR. Free for ABA members. Presented by the ABA Antitrust Law Section Pricing Conduct Committee Co-sponsored by the ABA Antitrust Law Section Distribution and Franchising Committee

??Appeal Progresses in Private Robinson-Patman Litigation ?? A group of wholesalers has alleged that Medtech violated the Robinson-Patman Act (RPA) by selling Clear Eyes eye drops to Costco and Sam’s Club at better prices and offering exclusive manufacturer rebates. A jury in the Central District of California held the defendants liable for violating Sections 2(a) and 2(d) of the RPA, as well as parts of California’s Unfair Practices Act (UPA) and Unfair Competition Law (UCL). The court granted a permanent injunction under the UPA and UCL, allowing the plaintiffs to purchase Clear Eyes on the same price terms and conditions as Costco or Sam’s Club. The decision is currently being appealed to the Ninth Circuit, with a third cross-appeal brief due on February 7, 2025. ABA Antitrust Section members can read more about the case in the Price Tags authored by Aidan Chen on Communities: https://lnkd.in/eiy54jxW

?? Yardi Algorithmic Price-Fixing Case Survives Motion to Dismiss??? On December 4, 2024, U.S. District Judge Robert S. Lasnik denied a motion to dismiss a class action price-fixing lawsuit against ten multifamily rental property managers and the property revenue management software company Yardi, allowing the case to proceed to discovery. The lawsuit is part of a wave of new cases in recent years that accuse companies—particularly rental housing companies—of using algorithmic pricing software to fix prices and limit housing options. While lower courts remain divided on the appropriate standard of review for algorithmic price-fixing cases, Judge Lasnik’s ruling strengthens the positions taken by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) that a per se standard should apply. Both agencies had previously filed Statements of Interest opposing the dismissal of the Yardi and RealPage cases. ABA Antitrust Section members can read the full summary of the case, authored by Xuerou (Sheryl) Wang, on Communities: https://lnkd.in/eznYvERp

It’s not too late to register for tomorrow's program that will unpack what effective algorithmic pricing legislation would look like! ? ??: Register at https://lnkd.in/ehaYq_tc. Free for ABA Antitrust Section members. ? Presented by the ABA Antitrust Law Section Pricing Conduct Committee and co-sponsored by the Legislation, Unilateral Conduct, and Media & Technology Committees.

On December 12, the FTC sued Southern Glazer's Wine and Spirits for price discrimination under the Robinson-Patman Act, the first enforcement action under the law since 2000. Want to learn more about the Robinson-Patman Act? We've got you covered! ?? Watch the recording of the December 5 webinar on the Robinson-Patman Act and practical considerations: https://lnkd.in/e8Nrzrdj ?? Read our summary of the Southern Glazer's case: https://lnkd.in/eQ67cnYg