https://www.law.com/corpcounsel/2023/05/08/companies-brace-for-ftcs-use-of-zombie-law-in-antitrust-enforcement/
ANALYSIS
The Robinson-Patman Act long ago fell out of favor, in part because it protects competitors rather than consumers. The FTC hasn’t brought a case under the law in two decades.
May 08, 2023 at 03:19 PM
6 minute read
What You Need to Know
- FTC chair Lina Khan and FTC commissioner Alvaro Bedoya have both made positive comments about the Robinson-Patman Act.
- Politico reported that the FTC has opened a preliminary inquiry into whether Coca-Cola and Pepsico are violating the law.
- Attorneys say companies should review their pricing strategies to ensure compliance.
The Federal Trade Commission has revived a Depression-era law meant to protect mom-and-pop stores from price discrimination as another arrow in its antitrust quiver.
It’s the latest aggressive antitrust move by the Biden administration, which already has rattled legal departments with the most aggressive antitrust enforcement in decades.
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