Companies Brace for FTC's Use of 'Zombie' Law in Antitrust Enforcement
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
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.
Lawyers say the FTC is most likely going to use the Robinson-Patman Act to go after food and beverage companies and pharmaceutical firms that offer discounts and rebates to the largest retailers.
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