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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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