Who does the Robinson-Patman Act apply to?

The Robinson-Patman (R-P) Act, 15 U.S.C. §§ 13, 13a, 13b, 21a, makes it unlawful, with certain exceptions, to knowingly sell goods “in commerce,” for use or sale within the United States, at differing prices to contemporaneous buyers of those goods.

What is required to show a Robinson-Patman Act?

[I]n order to prove a violation of section 2(a) of the Robinson–Patman Act, a plaintiff must show (1) that sales were made to two different purchasers in interstate commerce; (2) that the product sold was of the same grade and quality; (3) that defendant discriminated in price as between the two purchasers; and (4) …

What is the difference between the Clayton Act and Robinson-Patman Act?

The Clayton Act prohibits specific practices relating to restraint of trade, such as exclusive sales contracts and giving rebates. The Robinson-Patman Act prohibits price discrimination when it has the effect of lessening competition or creating monopoly.

Is it legal to charge different prices to customers?

Charging different prices to different customers is generally legal. The practice could be illegal, however, if the reason for the difference were reliance on a “suspect category” – race, religion, national origin, gender, or the like. The practice could also be legal if it violates antitrust or price-fixing laws.

Why was the Robinson-Patman Act created?

The Robinson-Patman Act was enacted in 1936 to protect small retailers from unfair competition by larger retailers, mostly through volume discounts from manufacturers.

Can you charge different prices for the same product?

Price discrimination is a selling strategy that charges customers different prices for the same product or service based on what the seller thinks they can get the customer to agree to. In pure price discrimination, the seller charges each customer the maximum price they will pay.

Is the Robinson-Patman Act still in effect?

Nevertheless, the law has survived, and while the Federal Trade Commission (FTC or Commission) has dramatically scaled back its enforcement of the law over the years, the risk of private treble damage actions remains quite real. Those who choose to ignore the Robinson-Patman Act today do so at their peril.

Why is it called antitrust?

Antitrust law is the law of competition. Why then is it called “antitrust”? The answer is that these laws were originally established to check the abuses threatened or imposed by the immense “trusts” that emerged in the late 19th Century.

Is it illegal to advertise one price and charge another?

In general, there’s no law that requires companies to honor an advertised price if that price is wrong. Laws against false or deceptive advertising require an intent to deceive on the part of the advertiser. If a company can demonstrate that an advertised price was simply a mistake, then it’s not false advertising.

What violates the Clayton Act?

Prohibited Actions under the Clayton Act Exclusive Dealings: requiring a buyer or seller to do buy or sell all or most of a certain product from a single supplier such that competitors are unable to compete in the market. Price Discrimination: selling similar goods to buyers at different prices.