December 1, 2021

Volume XI, Number 335

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Price Gouging Weekly Round Up: December 14, 2020

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 friends.

Washington Attorney General Issues Guidance Regarding Third-Party Food Delivery Fees

On December 7, 2020, Washington Attorney General Bob Ferguson issued guidance for third-party food delivery services regarding increased prices. The guidance follows Washington Governor Jay Inselee’s November 19 proclamation enacting a cap on fees third-party delivery services can charge restaurants. The proclamation capped delivery fees at 15%, and total fees at 18% of the purchase price. Attorney General Ferguson’s guidance is aimed at helping companies “avoid violations of Washington’s Consumer Protection Act.” Attorney General Ferguson further provided examples of conduct likely to violate the Consumer Protection Act, including “[c]harging any fee in excess of fee limits set by state or local governments.” 

Price Gouging Lawsuit Against eBay Voluntarily Dismissed Following Settlement

On December 4, 2020, a lawsuit brought against eBay alleging that the company allowed price gouging on its website was voluntarily dismissed. The dismissal comes after the parties reached an undisclosed settlement agreement regarding the allegations. The class action, originally brought in May 2020, cited numerous instances of eBay sellers charging unlawful prices for PPE equipment in violation of California’s price gouging law. 

Peoria City, Illinois Enacts Limit on Third-Party Delivery Fees

Following the lead of other cities and states around the country, the Peoria City Council recently implemented a cap on third-party delivery fees. The new ordinance limits delivery fees to 10% of the price of the order. The ordinance is set to automatically expire once restaurants are operating at a 50% or greater capacity for indoor dining for at least two months. According to Councilman Sid Ruckriegel, "I think that this helps both protect our restaurants, which are important to our fabric and our local economy, and also our citizens."

Kentucky Governor Renews Price Gouging Statute

On December 9, 2020, Kentucky Governor Andy Beshear renewed Kentucky’s prohibition on price gouging for the duration of Kentucky’s state of emergency. The executive order provides that “[n]o person, within the meaning of KRS 446.010, shall sell or offer to sell any good or service delineated in KRS 367.374(l)(b) at a price grossly in excess of the price prior to the declaration by Executive Order 2020-215 on March 6, 2020, that a Statewide State of Emergency exists in the Commonwealth of Kentucky.” The order is subject to the qualifications and limitations set forth in Kentucky’s price gouging statute, including increased costs to sellers.

© 2021 Proskauer Rose LLP. National Law Review, Volume X, Number 349
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About this Author

Christopher Ondeck Antitrust Litigator chair of  Proskauer Rose nationwide Antitrust Group
Partner

Chris Ondeck is a partner in the Litigation Department and vice-chair of the Antitrust Group. He focuses his practice on representing clients in civil and criminal antitrust litigation, defending mergers and acquisitions before the U.S. antitrust agencies, defending companies involved in government investigations, and providing antitrust counseling.

Chris has handled antitrust matters for clients in a number of industries, including advertising, aerospace, alcoholic beverages, appliances, building materials, defense, medical devices, metals,...

202-416-5865
John Ingrassia, Antitrust Attorney, Telecommunications, Proskauer Law firm
Special Counsel

John Ingrassia is a special counsel and advises clients on a wide range of antitrust matters in various industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services, health care, and others. His practice includes a significant focus on the analysis of Hart-Scott-Rodino pre-merger notification requirements, the coordination and submission of Hart-Scott-Rodino filings, and the analysis and resolution of antitrust issues related to mergers, acquisitions, and joint ventures. John has extensive experience with the legal, practical,...

202.416.6869
Kelly Landers Hawthorne, Proskauer Law Firm, New York, Litigation Attorney
Associate

Kelly Landers Hawthorne is an attorney in the Litigation Department.

Education

  • Columbia Law School, J.D., 2017

  • George Mason University, M.Ed., 2013

  • University of Richmond, B.A., 2011

212-969-3537
Law Clerk

Nathaniel Miller is a Law Clerk in the litigation department. He works for the firm's New York offices. 

Education

  • New York University School of Law, J.D., 2017
  • Harvard University, B.A., 2014
212-969-354
Nicollette R. Moser Litigation & Antitrust Proskauer Rose Washington, DC
Associate

Nicollette Moser is an associate in the Litigation Department and a member of the Antitrust Group.

Related Practices

  • Litigation
  • Antitrust

Admissions & Qualifications

  • District of Columbia
202.416.5862
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