Antitrust Developments Under the Robinson-Patman Act: Private Litigation Trends; Selective Regulatory Enforcement

This program will explore the latest developments and trends in private litigation and regulatory enforcement relating to price discrimination claims under the Robinson-Patman Act (RPA). The panel will highlight how private plaintiffs continue to pursue price discrimination claims under the RPA while the Federal Trade Commission (FTC) and the Department of Justice remain relatively inactive and selective in pursuing RPA lawsuits.

The RPA prohibits certain discriminatory direct and indirect pricing practices. Although government enforcement of the RPA has remained relatively dormant for the last 25 years, the FTC under the Biden administration revived the RPA by filing two lawsuits in late 2024 and early 2025. However, the Trump administration ushered in new antitrust priorities and voluntarily dismissed its price discrimination case against PepsiCo but has continued to pursue its case against Southern Glazer's Wine and Spirits L.L.C. The FTC's different actions in these two cases signal a more selective and uncertain approach to RPA enforcement going forward.

Even if the FTC ultimately retreats from its RPA enforcement efforts, private RPA litigation has remained active, and plaintiffs have seen success in these cases in recent years. These private actions have developed the law and provided important lessons and a foundation for more rigorous RPA enforcement in the future. These cases should also prompt businesses to revisit their pricing strategies and promotional practices to ensure compliance with the RPA.

Listen as our panel of antitrust experts reviews the latest trends and developments in RPA enforcement and provides guidance for advising clients on their pricing and promotional strategies in light of the evolving legal and regulatory framework.