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
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
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
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
The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more
Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more
The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more
On January 10, 2023 Politico reported that the Federal Trade Commission (“FTC”) has launched antitrust investigations into Pepsi and Coca Cola. According to the article, the “companies’ pricing strategies are being...more