In a recent analysis by The National Law Review, it is highlighted that the Robinson-Patman Act (RPA) is a federal law enacted in 1936 to protect smaller retailers from discrimination by larger rivals. The RPA requires manufacturers to treat all competing customers equally. However, neither the Federal Trade Commission (FTC) nor the US Department of Justice (DOJ) has brought an enforcement action under the RPA for decades. Despite this lack of government enforcement, there has been a consistent increase in private lawsuits under the RPA over the last decade. In fact, about 100 new cases have been filed in federal court in recent years, targeting various industries and focusing on allegations of price discrimination and innovative rebate or discount programs. While some cases have been dismissed, others have proceeded to discovery with mixed results. This rise in private lawsuits suggests a potential resurgence of interest in RPA enforcement. As a result, companies selling goods are advised to review their pricing and marketing strategies to ensure compliance with the RPA [8a6a1da1].
The Robinson-Patman Act (RPA) is a federal law enacted in 1936 to protect smaller retailers from discrimination by larger rivals. It requires manufacturers to treat all competing customers equally. However, neither the Federal Trade Commission (FTC) nor the US Department of Justice (DOJ) has brought an enforcement action under the RPA for decades. Despite this lack of government enforcement, there has been a consistent increase in private lawsuits under the RPA over the last decade. In fact, about 100 new cases have been filed in federal court in recent years, targeting various industries and focusing on allegations of price discrimination and innovative rebate or discount programs. While some cases have been dismissed, others have proceeded to discovery with mixed results. This rise in private lawsuits suggests a potential resurgence of interest in RPA enforcement. As a result, companies selling goods are advised to review their pricing and marketing strategies to ensure compliance with the RPA [8a6a1da1].