Is the Robinson-Patman Act Here to Stay?

In this piece for the Antitrust Advocate blog, authors Tyson Y. Herrold & Devin Redding share their thoughts on renewed political and regulatory attention to price discrimination enforcement under the Robinson-Patman Act. In January 2026, Senators Chuck Grassley and Mike Rounds urged the Federal Trade Commission and the U.S. Department of Justice to investigate discriminatory pricing and supply practices in the grocery sector that may harm small and mid-sized businesses, farmers, and consumers.

The letter, joined by several other senators, reflects growing bipartisan concern about the availability of essential retail services such as groceries and pharmacies in both rural and urban communities. It builds on earlier advocacy by former FTC Commissioner Alvaro Bedoya, who highlighted the risks that discriminatory pricing and market consolidation pose to local economies and supply chains.

At the same time, legislators have proposed strengthening enforcement tools. In December 2025, Cory Booker and Maxine Waters introduced the Fair Competition for Small Business Act of 2025, which would expand the authority of state attorneys general to seek damages for violations of the Robinson-Patman Act. Meanwhile, the FTC continues litigating a price discrimination case against Southern Glazer’s Wine and Spirits, reflecting a notable revival of enforcement of a statute that had seen only one FTC complaint between 1992 and 2024 despite past recommendations that it be repealed…

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