When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions. Given the Republican Commissioners’ disapproval of the complaints, it came as no...more
Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more
On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more
Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum....more
Americans buy consumer packaged goods (CPG) every single day. As such, the CPG industry is on the radar of a variety of regulators and law enforcers, including federal and state antitrust enforcers. As counsel to a number of...more
In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) followed up its recent resurrection of the Robinson-Patman Act (RPA) with another RPA suit—now, alleging price discrimination through...more
In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more
President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more
At a public meeting held on January 15, 2025, the Federal Trade Commission (FTC) summarized the Second Interim Staff Report (Second Report) stemming from its investigation into pharmacy benefit managers (PBMs) and their...more
This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more
In the waning days of the current administration, the antitrust agencies continue to cross items off their holiday wish list. Since the presidential election in November, the antitrust agencies have filed a new merger...more
The Federal Trade Commission (FTC) recently filed a complaint in federal court alleging Southern Glazer’s Wine and Spirits LLC (Southern Glazer) violated the Robinson-Patman Act (RPA), a price discrimination law....more
On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more
On the eve of a new administration, the Federal Trade Commission (FTC) filed its first price-discrimination action under the Robinson-Patman Act (RPA) since 2000. The FTC sued Southern Glazer’s Wine and Spirits LLC in US...more
On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more
On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits (Southern)—the largest wholesale distributor of wine and spirits in the country—in the U.S. District Court for the Central...more
On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the...more
After a long hibernation, the Robinson-Patman Act (RPA)—which generally prohibits sellers from charging different prices or providing different allowances to “competing” buyers—is poised to make a comeback in agency...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
Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...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
The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...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