Back to the Future: FTC Eyes Revival Of Price Discrimination Enforcement Under Robinson-Patman Act
By: John Eichlin (Linking Competition)
US antitrust authorities are looking to the past to set their course for the future. The latest antitrust tool to be called back into service by the Federal Trade Commission is the Robinson-Patman Act, which targets price discrimination in the sale of goods for retail markets. Recently appointed FTC Commissioner Alvaro Bedoya hinted at this possibility in a September speech that criticized the emphasis that courts and enforcers place on efficiency over fairness in antitrust jurisprudence.
Revival of the RPA reflects the current administration’s increasing focus on protecting small businesses in retail marketplaces characterized by powerful buyers and sellers, particularly with the increasing shift to online retail platforms. Renewed enforcement of the RPA would also be a striking about-face for the agencies, who have abandoned RPA enforcement for decades and actively intervened in private cases to support a narrow application. The FTC’s renewed interest can also have a follow-on impact on private enforcement efforts.
While the exact form of any enforcement remains to be seen, companies should dust off their compliance policies to make sure they are up to date on potential exposure. Here’s what you need to know…
Featured News
European Music Streaming Firms Rally Against Apple’s Proposed Remedies
May 9, 2024 by
CPI
Google and South Carolina Clash Over State Records Demand
May 8, 2024 by
CPI
Telefonica Germany Teams Up with Amazon Web Services to Migrate 5G Customers
May 8, 2024 by
CPI
Federal Judge Grants $7.4 Million Settlement in Pork Price-Fixing Case
May 8, 2024 by
CPI
Wilson Sonsini Bolsters Antitrust and Competition Practice with Key Partner Returns
May 8, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI