Spencer Fane attorney DJ Healey wrote the article The Robinson-Patman Act Makes a Comeback, recently published by ABA’s Business Law Today.
In her article, which originated as a firm blog post, DJ explains that the Robinson-Patman Act is a federal law aimed at preventing unfair price discrimination that can disadvantage small businesses. She notes that although enforcement of the law declined for decades, recent FTC cases suggest renewed attention to its use in certain pricing disputes. However, she emphasizes that legal limitations and exceptions continue to make these claims difficult to pursue.
“The Robinson-Patman Act has a series of exceptions, such as meeting competing suppliers’ prices or terms, or services or other consideration provided by the big box store that justifies the discount. Anyone looking at a price discrimination issue under federal or state law needs to understand the true amount of the discount and what the justification for it is,” DJ wrote.
DJ has been recognized by Chambers Global, Chambers U.S., Best Lawyers in America, IAM, and Super Lawyers as one of the preeminent intellectual property litigators in the U.S. She has more than 30 years of experience developing and executing enforcement and defense strategies in federal and state courts, the ITC, the FTC, and international venues. Her practice includes patent, trade secret, copyright, and antitrust matters for clients ranging from global corporations to individual inventors.
Read DJ’s full article here.