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Mark Tobey

Mark counsels food and agribusiness clients on antitrust and competition issues, helping them mitigate risk in an increasingly complex business and regulatory environment.

States continue to lead the way in actions to enforce consumer protection laws against junk fees across a growing range of industries. In a recent Husch Blackwell Government Enforcement Investigation and Compliance webinar, that included its Antitrust & Competition group, the Texas AG’s cases against junk fees charged by major hotel and booking chains were highlighted and broader state and federal junk fee initiatives were summarized. Since then, two significant new state developments have concentrated attention on junk fees.

“Right to repair” laws have recently gained momentum across the United States, becoming a legislative and regulatory priority. Evolving state laws, federal action, and high-profile lawsuits are shaking up the legal landscape in this area for manufacturers, businesses, and consumers.

At its core, the right to repair gives consumers and independent businesses access to the

A recent decision in the Eastern District of Texas highlighted the risks for environmental, social, and governance (ESG) initiatives involving market competitors. The decision, when paired with recent enforcement efforts from Republican state attorneys general (AGs), is the latest indicator of the increased scrutiny faced by ESG joint ventures.

Background

Over the past decade, as