The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over...more
A federal court in Massachusetts recently dismissed holistic wellness centers’ price discrimination suit against the manufacturer of body sculpting devices initiated after Plaintiffs withdrew from the manufacturer’s...more
A federal court in California recently rejected federal and state antitrust price discrimination claims brought by several wholesalers of 5-hour Energy drinks, finding that the plaintiffs failed to demonstrate competitive...more
A federal court in Illinois granted Juul Labs, Inc. and HS Wholesale, Ltd.’s motion to dismiss Power Buying Dealers USA, Inc.’s claims of price discrimination. Power Buying Dealers USA, Inc. v. Juul Labs, Inc., 2025 WL...more
On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more
Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more
On May 28, 2025, the United States District Court for the Central District of California held that plaintiffs failed to prove that they incurred an antitrust injury flowing from the differential promotional allowances...more
Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more
The Robinson-Patman Act (RPA) has been generating a lot of buzz, with private lawsuits and high-profile moves by the Federal Trade Commission (FTC). But two developments last month may signal that the RPA may be slipping back...more
When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions. Given the Republican Commissioners’ disapproval of the complaints, it came as no...more
Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more
On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more
Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum....more
Americans buy consumer packaged goods (CPG) every single day. As such, the CPG industry is on the radar of a variety of regulators and law enforcers, including federal and state antitrust enforcers. As counsel to a number of...more
The Federal Trade Commission recently sued PepsiCo, Inc. alleging that the company engaged in illegal price discrimination by providing a large retailer with unfair pricing advantages in violation of the Robinson-Patman Act....more
In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) followed up its recent resurrection of the Robinson-Patman Act (RPA) with another RPA suit—now, alleging price discrimination through...more
In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more
President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more
At a public meeting held on January 15, 2025, the Federal Trade Commission (FTC) summarized the Second Interim Staff Report (Second Report) stemming from its investigation into pharmacy benefit managers (PBMs) and their...more
This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more
On December 12, 2024, the Federal Trade Commission (FTC) filed its first Robinson-Patman Act case in more than 20 years, just as the White House is set to change parties and the balance of power on the FTC will swing...more
In the waning days of the current administration, the antitrust agencies continue to cross items off their holiday wish list. Since the presidential election in November, the antitrust agencies have filed a new merger...more
The Federal Trade Commission (FTC) recently filed a complaint in federal court alleging Southern Glazer’s Wine and Spirits LLC (Southern Glazer) violated the Robinson-Patman Act (RPA), a price discrimination law....more
In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) for the first time in decades filed an action alleging secondary line price discrimination under the Robinson-Patman Act (RPA). The FTC's...more
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FSIS moving to strengthen oversight of food processing facilities with focus on...more