Thomas J. Miller
Philadelphia +1 215 994 2906
The Robinson-Patman Act2 ("RPA") prohibits certain types of price discrimination in sales of commodities to competing buyers. Section 2(a) of the RPA prohibits sellers from charging similarly-situated competing buyers different prices, while Section 2(f) prohibits buyers from knowingly inducing unlawful price discrimination. Sections 2(d) and 2(e) prohibit sellers from providing promotional allowances or services to promote resale of their product unless they are made available to competing resellers on proportionally equal terms. The purpose of Sections 2(d) and 2(e) is to prevent a seller from using promotional allowances or services to achieve price discrimination notwithstanding the sellers’ consistent pricing to competing buyers.
Read the full version of "The Revised Fred Meyer Guides: What Changed? What Didn't? Recap of October 16, 2014 Committee Program" (PDF) here.