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Supreme Court Denies Stolt-Nielsen's Certiorari Petition Challenging the DOJ's Decision to Prosecution

Client Alert | less than 1 min read | 10.31.06

The Supreme Court denied Stolt-Nielsen's cert petition challenge the Department of Justice's Antitrust Divisions' decision to prosecution the corporation which had previously been granted immunity exchange for its cooperation in an antitrust investigation. Stolt-Nielsen had initially received leniency in exchange for providing information in the alleged customer allocation and bid-rigging in the liquid-cargo shipping market. The Antitrust Division later decided to lift the immunity when it decided Stolt-Nielsen had not lived up to the immunity agreement. After the Court's decision, Stolt-Nielsen announced that it will file a motion to dismiss the indictment based upon the amnesty agreement, on Nov. 22, in U.S. District Court in Philadelphia.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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