New York, November 25, 2020— Proskauer, a leading international law firm, represented client United Egg Producers, Inc. (UEP) in filing an amicus brief in the Sixth Circuit on November 23rd.

The Sixth Circuit will be the first federal appellate court to consider the validity of the continued application of state price gouging laws triggered by emergency declarations related to the COVID-19 pandemic. Specifically, the US District Court for the Eastern District of Kentucky issued a preliminary injunction enjoining the Kentucky AG from investigating violations of Kentucky's state price gouging law, in part on the grounds that the law is impermissibly extraterritorial in violation of the dormant Commerce Clause.

Proskauer's amicus brief for the egg industry explains the undue burdens that the prolonged application of over 40 separate state price gouging laws and orders during the pandemic has had on both the egg industry and downstream consumers, and explains why the continued application of such laws to the egg industry violates the dormant Commerce Clause under the Pike balancing test.  Given the fact-specific nature of such an inquiry, the amicus brief urges the Court not to issue a broad ruling that goes beyond the narrow questions presented.

The Proskauer team included partners Christopher Ondeck (Antitrust), Chantel Febus (Litigation), as well as associates Jennifer Tarr, and Kelly Landers Hawthorne (Litigation).

Proskauer's antitrust lawyers represent clients across a broad range of industries in antitrust litigation, mergers, cartels, counselling and investigations. We have expertise in financial services, sports, health care, pharmaceuticals, agriculture and consumer products.

Our lawyers guide clients through the complex U.S. HSR, European and other international antitrust regulatory regimes. We also provide specialized antitrust advice under U.S., European and Chinese laws. We take the reins on merger review, class actions, multi-district litigation and investigations and enforcement activity by the FTC, DOJ and state attorneys general, and have a demonstrated history of reaching optimal resolutions.