News & Analysis as of

Price Discrimination

K&L Gates LLP

What Really is Surveillance Pricing? The FTC is Trying to Figure It Out

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The use of artificial intelligence (AI) in a company’s work processes is not new. AI has automated, innovated, and optimized a business’s processes and outcomes. In recent years, tech firms and consultants have been touting...more

Perkins Coie

Clear-Eyed Robinson-Patman Act Takeaways From Eye Drop Verdict

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Introduction A recent ruling condemning price discrimination for a popular eye drop brand is yet another reminder that companies cannot afford to ignore antitrust risk under the Robinson-Patman Act (RPA), a longstanding law...more

Venable LLP

[Webinar] Price Advertising in an Era of Increasing Complexity and Increasing Scrutiny: What Sellers Need to Know to Avoid Pricing...

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Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing...more

Cohen & Gresser LLP

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

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The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

McDermott Will & Emery

Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

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On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more

Skadden, Arps, Slate, Meagher & Flom LLP

Private Litigation and Government Rhetoric Signal Increased Legal Headaches Under the Robinson-Patman Act

After decades of dormancy, the Robinson-Patman Act (RPA), a Depression-era antitrust statute prohibiting price discrimination, has recently become the subject of renewed interest from both private plaintiffs and government...more

ArentFox Schiff

Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

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The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more

Morgan Lewis

Federal Trade Commission and Members of Congress Signal Revitalized Robinson-Patman Act Enforcement

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On March 28, 2024, 14 lawmakers penned an open letter to the Federal Trade Commission urging the agency to revive enforcement of the Robinson-Patman Act. This call to action, coupled with the FTC’s recently renewed interest...more

BakerHostetler

FTC Takes Nontarget to Court in Robinson-Patman Act Investigation

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There have been reports that the Federal Trade Commission (FTC) is leveraging the long-dormant Robinson-Patman Act as a basis for civil investigations into potential price discrimination by distributors in the alcoholic and...more

Paul Hastings LLP

FTC Petition Highlights Renewed Focus on Price Discrimination Under Long-Ignored Robinson-Patman Act

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News of a recently filed Federal Court petition against Total Wine & More (“Total Wine”) has brought renewed focus on aggressive actions by the Federal Trade Commission (“FTC”) to enforce antitrust laws, even at great expense...more

K&L Gates LLP

Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman...

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Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet &...more

Dechert LLP

Caffeinated Beverages Stimulate Renewed Interest in U.S. Price Discrimination Law—But Confirm the Availability of the Functional...

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The Ninth Circuit recently revived a portion of a price discrimination claim brought by wholesalers of the popular 5-Hour Energy drink against its manufacturer, which provided more favorable promotional terms to a mass...more

K&L Gates LLP

Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement- What's Next?

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While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price discrimination in...more

Foley & Lardner LLP

The Ghost of Robinson-Patman Rises at the FTC

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As part of the Biden Administration’s enhanced antitrust enforcement efforts, the Federal Trade Commission (FTC) is taking a new look at the Robinson-Patman Act (RPA).  Several investigations are already underway, with calls...more

Polsinelli

What’s Old Is New Again: Reviving “Fairness” With Renewed FTC Price Discrimination Enforcement And What That Means For Companies

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On January 10, 2023 Politico reported that the Federal Trade Commission (“FTC”) has launched antitrust investigations into Pepsi and Coca Cola. According to the article, the “companies’ pricing strategies are being...more

Hogan Lovells

FTC seeks to reinvigorate enforcement of Robinson-Patman Act

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The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more

Morgan Lewis

California ‘Pink Tax’ Law Prohibits Gender-Based Pricing of Consumer Products

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Dear Retail Clients and Friends: Starting January 1, 2023, a new law in California will prohibit higher prices for products marketed to a particular gender. The law specifically takes aim at higher prices on products...more

Morrison & Foerster LLP

Coming Soon: Revived FTC Robinson-Patman Act Enforcement

After decades of dormancy, enforcement of the Robinson-Patman Act may be making a comeback. In his first public remarks as an FTC Commissioner regarding his views on antitrust enforcement, Commissioner Alvaro Bedoya called...more

K&L Gates LLP

The FTC's "New" Tool: Greater Enforcement of the Robinson-Patman Act

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While, historically, government enforcement of the Robinson-Patman Act has been virtually non-existent, the Federal Trade Commission (FTC) recently announced its intention to dust-off the oft-forgotten Act to encourage...more

King & Spalding

European Commission Adopts New Rules on Vertical Agreements

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On May 10, 2022, the European Commission (“Commission”) adopted the revised Vertical Block Exemption Regulation (“VBER”) and Vertical Guidelines (“VG”). The new VBER will enter into force on June 1, 2022 for a period of 12...more

Foley & Lardner LLP

Federal District Court in Wisconsin Tosses Price Discrimination Lawsuit Over Legality of Exclusive Car Showrooms Under the...

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On March 1, 2022, a federal judge granted summary judgment in favor of Ford Motor Company (“Ford”), holding that Ford’s Brand Exclusivity Standard, part of Ford’s Lincoln Commitment Program, does not violate the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act: Federal Appellate Court Addresses Subject Matter Jurisdiction

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) addressed in a June 28th Opinion an issue involving the Public Utility Regulatory Policies Act (“PURPA”). See Solar v. City of Farmington, No. 20-2028,...more

Akin Gump Strauss Hauer & Feld LLP

Tenth Circuit Avoids Circuit Split in PURPA Dispute, Revives Federal Suit

In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more

Proskauer - Advertising Law

Don’t Sweat It: 8th Circuit Affirms Dismissal of Deodorant Class Action

The Eighth Circuit recently affirmed the dismissal of a class action alleging that Unilever’s differential pricing of men’s and women’s antiperspirants violated the Missouri Merchandising Practices Act (MMPA). In doing so,...more

Shutts & Bowen LLP

Arising Antitrust Issues Amid COVID-19

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As the pandemic continues to upend the global marketplace, easily overlooked antitrust conditions that may be arising should be considered carefully by businesses. With the current state of the COVID-19 economy, a number...more

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