CPI Antitrust Chronicle
Resumed FTC Enforcement Against Price Discrimination and Ramifications of a Conscious Uncoupling of Price Discrimination From Robinson-Patman
January 30, 2023
On September 22, 2022, the Federal Trade Commission (“FTC”) announced that it would resume enforcement of the Robinson-Patman Act after a multi-decade period of enforcement inactivity. On November 10, 2022, the FTC followed up with a subsequent announcement, stating that it would restore “rigorous enforcement” of Section 5 of the FTC Act, indicating that price discrimination will be enforced under Section 5 even if the underlying conduct may not constitute a technical violation of Robinson-Patman. In this article, Lawrence Silverman discusses two related possibilities arising from these developments, and the possibility of a paradigm shift for both private and governmental enforcement of Robinson-Patman and price discrimination.
This article appeared in the Winter 2023 volume of the Antitrust Chronicle, published by Competition Policy International.
This article appeared in the Winter 2023 volume of the Antitrust Chronicle, published by Competition Policy International.
Capabilities
Suggested News & Insights
Bay Area General Counsel RoundtableThursday, September 24, 2026European Commission Signals Targeted Procedural Simplification of the Foreign Subsidies Regulation – Without Weakening EnforcementJuly 16, 2026EU Forced Labor Regulation Moves Toward Implementation: How Companies Should PrepareJuly 7, 2026Sidley Represents South32 in Aluminum Value Chain Sale to Alcoa Valued up to US$5.6 BillionJune 30, 2026June Antitrust and Competition Bulletin: Top-of-Mind Global Antitrust IssuesJune 24, 2026Sidley Represents Olin Corporation in Merger of Equals With Huntsman CorporationJune 17, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
