Drip Pricing & Junk Fees: All Wet, or a Serious Antitrust and Consumer Protection Issue [CC]

Drip Pricing & Junk Fees: All Wet, or a Serious Antitrust and Consumer Protection Issue [CC] — CLE 58 min

Recently, legislators and enforcement agencies have made headlines signaling a renewed interest in so-called junk fees and drip pricing. Do businesses now have cause for concern about imminent enforcement of laws surrounding the practice of drip pricing? What should companies know to comply with today's laws, and how can you prepare to address any future concerns? In this program, practitioners and an economist discuss the legal frameworks governing the practice of drip pricing or junk fees in their respective jurisdictions, with an economic background on the concerns behind these practices in the digital age.

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The world is awash with concern about junk fees and drip pricing. Advertised prices which do not reflect the full obligation are nothing new, but have gained increasing prominence particularly with respect to internet sales, as consumers work through the purchase process.

In this 60-minute program, practitioners and economist from the United States, the United Kingdom, and Canada discuss the legal frameworks governing the practice of drip pricing or junk fees in their respective jurisdictions, with an economic background on the concerns behind these practices in the digital age. The panel first provides an overview of the history of enforcement by various enforcement agencies across jurisdictions followed by summarizing the focus on the currently proposed rule by the U.S. Federal Trade Commission (FTC), which addresses hidden and misleading fees, as well as laws that have been enacted or are being considered recently by state legislatures. The FTC is still accepting public comments on the proposed rule until February 2024, and a court challenge to FTC's rulemaking authority-which would further complicate implementation-is a possibility. Nonetheless, if enacted, the FTC rule may represent a sea change in the law governing price advertising. By hearing from seasoned practitioners from several countries as well as a behavioral economic point of view, the panel aims to guide practitioners, consumers, businesses, and advertisers who will navigate a potentially new landscape on price advertising and drip pricing.

Esteemed speakers for the panel include:

Steve Tadelis-Steve Tadelis is Professor of Economics, Business and Public Policy and the Sarin Chair in Strategy and Leadership at UC-Berkeley's Haas School of Business. Prior to that Steve was an Assistant Professor at Stanford University, which he joined after receiving his PhD in Economics from Harvard in 1997. His research focuses on e-commerce, industrial organization, the economics of incentives and organizations, and procurement contracting. He is also affiliated with several research organizations as (i) a NBER Research Associate, (ii) a CESifo Research Network Fellow, and (iii) a CEPR Research Fellow.

Brinsley Dresden-Brinsley Dresden is Partner and Co-Head of the Advertising & Marketing Law Group at Lewis Silkin LLP. He is also the Global Treasurer & Secretary, and sole UK member of the Global Advertising Lawyers' Alliance. Brinsley advises many of the world's leading brands and both independent and network advertising agencies on a wide range of issues covering all aspects of advertising law and regulation.

James Musgrove-James Musgrove is a co-leader of McMillan's, Competition, Antitrust & Foreign Investment Practice, and member of Marketing and Advertising Law Group. He practices primarily in the areas of competition, antitrust and foreign investment law, as well as consumer protection. James was named 2015 Best Lawyers' Toronto Advertising Lawyer of the Year and won the 2014 Global Competition Review (GCR) Award for Behavioural Matter of the Year-Americas for his successful defence of Mastercard, and the 2021 GCR Award for Cartel Defence, for dismissal of claims against Micron.

Maureen K. Ohlhausen-Maureen K. Ohlhausen chairs the antitrust group at Baker Botts, where she focuses on competition, privacy, advertising, and regulatory issues and frequently represents clients in the tech, life sciences, energy, and retail industries. She served as Acting FTC Chairman from January 2017 to May 2018 and as a Commissioner starting in 2012. Ms. Ohlhausen clerked at the U.S. Court of Appeals for the D.C. Circuit and received her J.D. with distinction from the George Mason University School of Law and her B.A. with honors from the University of Virginia.

Amy R. Mudge-Amy Ralph Mudge, leader of BakerHostetler's Advertising, Marketing and Digital Media team, has successfully counseled major advertisers through bet-the-company enforcement investigations and competitor challenges for over 20 years. She is a Band One Chambers USA- ranked advertising regulatory lawyer, and a respected thought leader in the advertising law field. Amy routinely represents top-tier companies before the Federal Trade Commission (FTC), the National Advertising Division (NAD) and the Children's Advertising Review Unit (CARU), as well as in private, federal, and state class action defense, consumer protection and antitrust litigation.

Moderators

Panelists

Amy Ralph Mudge, Brinsley Dresden, James B Musgrove, Maureen K Ohlhausen, Steven Tadelis

Sponsors

Canadian Bar Association , Antitrust Law Section

Product Code

AT231207OLC

Duration

58

Publication Date

12/7/2023 12:00:00 AM

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