Winter 2023, January, Volume 2

The story of antitrust is often a story of ebbs and flows. What may at one point in time be a “vogue” issue can occasionally fade from the agenda of enforcers, only to return (perhaps decades later) once an issue enters the spotlight again. This is true of the U.S. Robinson-Patman Act of 1936 (“RPA”). Originally introduced as an amendment to the Clayton Act to curb alleged price discrimination by large U.S. chain retailers at that time, it is primarily enforced by the Federal Trade Commission (“FTC”).