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Robinson-Patman Act Toolkit
Practical Law Toolkit w-025-6290 (Approx. 5 pages)
Robinson-Patman Act Toolkit
by Practical Law Antitrust
| Maintained • USA (National/Federal) |
A Toolkit of resources on the Robinson-Patman Act to help counsel identify and avoid conduct that may violate the Act and understand potential defenses available under the Act, including the meeting competition and functional availability defenses.
The Robinson-Patman Act prohibits sellers from treating their competing customers differently as to:
- Prices.
- Terms of sale.
- Marketing support.
A buyer may also be liable under the Act if it:
- Induces a seller to discriminate among competing buyers.
- Knowingly obtains a discriminatory price from a seller.
The Act is divided into six sections:
- Section 2(a). Prohibits price discrimination by sellers.
- Section 2(b). Offers sellers an affirmative defense if the discrimination arises from meeting a competitor's price, also known as meeting competition.
- Section 2(c). Prohibits a party to a sales transaction from granting to or receiving from the other party certain commissions or brokerage fees, except for services rendered.
- Section 2(d). Prohibits a seller from offering payments or granting allowances to customers for promoting or advertising the resale of the seller's product, unless equivalent benefits are offered to competing buyers.
- Section 2(e). Prohibits a seller from offering promotional or advertising services to a reseller, unless equivalent benefits are offered to competing resellers.
- Section 2(f). Makes it unlawful for a buyer knowingly to induce or receive a discriminatory price prohibited by the Act.
This Toolkit is a collection of continuously maintained resources to help counsel understand the Robinson-Patman Act, avoid violations of the Act, and identify potential defenses available under the Act.