Partner Brian Mahanna and Associate Samantha Becker authored an article published by Bloomberg Law on a case on appeal in the US Sixth Circuit Court of Appeals, Online Merchants Guild v. Cameron, that pits state attorneys’ general long-standing authority to fight price gouging during emergencies against the Commerce Clause’s limits to that power, especially when on-line retailers are involved.
An excerpt:
“…Merchants Guild presents a real test of state AG consumer protection power and will substantially impact the e-commerce regulatory landscape, particularly during emergencies. Online retailers and platforms should keep an eye on the Sixth Circuit appeal.”