Competition Corner

For nearly a year, the FTC has foreshadowed the revival of the previously dormant Robinson-Patman Act (RPA). With enforcement of the Act potentially forthcoming, companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex supply chain relationships.

With a potential comeback in store for the Robinson-Patman Act, companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex pricing structures and supply chain relationships. 

In recent months, the Federal Trade Commission has signaled that it is reviving its enforcement efforts under the Robinson-Patman Act (RPA). With the federal government paying heightened attention to this formerly dormant area of law, so too should companies.

On March 27, Federal Trade Commission Chair Lina Khan revealed that the Commission is preparing to bring enforcement actions under the Robinson-Patman Act in “short order,” signaling the impending revival of a seldom-used Depression-era antitrust law aimed at protecting small and rural businesses. Three of the four current FTC Commissioners have indicated a willingness to revive enforcement of the Robinson-Patman Act, including Commissioner Alvaro M. Bedoya, who emphasized the importance of the Robinson-Patman Act during a panel discussion at the American Bar Association’s Antitrust Spring Meeting last week.