The Revival of the Robinson-Patman Act

The Robinson-Patman Act (RP)—which prohibits certain forms of price discrimination—has been the odd man of the antitrust laws for decades. Since the 1980s, antitrust has focused on consumer welfare and competition, rather than protecting the “little guys.” RP, however, was motivated as a competitor protection law. Thus, government enforcement plummeted, and courts struggled to make sense of the statute considering the broader goals of the antitrust laws.

In the last days of the Biden Administration, the FTC brought two RP cases. Private cases also seem to be on the uptick.

RP remains a law of the land. But it is widely viewed as disfavored. Will the FTC cases succeed? Will they be supported by the new FTC? Will these cases spark renewed interest in the plaintiffs’ bar to bring RP actions?   

Sellers of goods for resale are on notice. RP is neither gone nor forgotten.

Practice Guidance has extensive material on the Robinson-Patman Act, including up to date tracking of cases and compliance materials. It may be a good time to brush up on your understanding of this complicated law.  

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Related Content

• Robinson-Patman Act Section 2(a) Price Discrimination Claims: Elements
  Touch up your understanding of the most basic RP cause of action: section 2(a) price discrimination.

• FTC Dusts Off Price Bias Law in Booze Distributor Suit and FTC Accuses Pepsi of Giving Advantage to Favored Retailer
  Get the details about the FTC’s two RP cases.

• Why Trump's FTC May Not U-Turn on Robinson-Patman
  Read about expert opinion on the future of RP enforcement.

• Pepsi, Frito-Lay Accused of Favoring Chains With Chip Prices
  Review the latest private, filed RP case.

• Robinson-Patman Act Case Chart
  Get up to speed on private RP cases generally.

• FTC Antitrust Case Tracker (Civil Nonmerger)
  Set alerts on this tracker of FTC cases to keep up to date on the agency’s RP litigation. 

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