The Robinson-Patman Act (RP)—which prohibits sure types of worth discrimination—has been the odd man of the antitrust legal guidelines for many years. For the reason that Eighties, antitrust has centered on client welfare and competitors, quite than defending the “little guys.” RP, nevertheless, was motivated as a competitor safety legislation. Thus, authorities enforcement plummeted, and courts struggled to make sense of the statute contemplating the broader objectives of the antitrust legal guidelines.
Within the final days of the Biden Administration, the FTC introduced two RP instances. Personal instances additionally appear to be on the uptick.
RP stays a legislation of the land. However it’s extensively considered as disfavored. Will the FTC instances succeed? Will they be supported by the brand new FTC? Will these instances spark renewed curiosity within the plaintiffs’ bar to convey RP actions?
Sellers of products for resale are on discover. RP is neither gone nor forgotten.
Follow Steering has intensive materials on the Robinson-Patman Act, together with updated monitoring of instances and compliance supplies. It might be a very good time to brush up in your understanding of this difficult legislation.
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