Author: Steven Cernak
Some of us have been asserting for years that Robinson Patman, the federal price-discrimination antitrust law, is merely “forgotten but not gone.” That is, while there has been no FTC enforcement in decades, a few private lawsuits are filed every year and careful potential defendants still follow Robison Patman compliance programs. Recent statements suggesting a potential FTC revival seemed to jog the memories of practitioners that Robinson Patman remains on the books. Now, a lower court judgment by a dedicated group of plaintiffs and their lawyer provides more evidence that the law is anything but gone.