On September 22, 2022, the Federal Trade Commission (“FTC”) announced that it would resume enforcement of the Robinson-Patman Act after a multi-decade period of enforcement inactivity. On November 10, 2022, the FTC followed up with a subsequent announcement, stating that it would restore “rigorous enforcement” of Section 5 of the FTC Act, indicating that price discrimination will be enforced under Section 5 even if the underlying conduct may not constitute a technical violation of Robinson-Patman. In this article, Lawrence Silverman discusses two related possibilities arising from these developments, and the possibility of a paradigm shift for both private and governmental enforcement of Robinson-Patman and price discrimination.
This article appeared in the Winter 2023 volume of the Antitrust Chronicle, published by Competition Policy International.
CPI Antitrust Chronicle
Resumed FTC Enforcement Against Price Discrimination and Ramifications of a Conscious Uncoupling of Price Discrimination From Robinson-Patman
January 30, 2023
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