Robinson-Patman Act

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Topic: Robinson-Patman Act

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	Robinson-Patman Act
		Because the courts have ruled that credit terms are part of price, the seller should be fully aware of the provisions of the Robinson-Patman Act regarding discrimination in terms of sale if any departure from regular terms is contemplated.
		The Robinson-Patman Act makes it “unlawful for any person engaged in commerce to discriminate in price between different purchasers of commodities of like grade and quality.
		where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce.” The Robinson-Patman Act applies to interstate commerce when commodities, or goods, of like grade and quality are involved.
	www.encyclopediaofcredit.com /FlashHelp/laws_and_regulations/antitrust/robinson_patman.htm (787 words)

	The Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and Immunities
		The Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and Immunities
		In addition, the FTC has the power to enforce the Clayton Act through the use of cease and desist orders, which were discussed in Chapter 48.
		In view of the congressional intent that the Clayton Act serve as a preventive measure, only a probability of a significant anticompetitive effect must be shown for most Clayton Act violations.
	highered.mcgraw-hill.com /sites/0072562005/student_view0/chapter50 (661 words)

	FCLR: The Myth of "Functional Availability" and the Robinson-Patman Act -- © 2002 FMJA
		The RPA was passed in 1936 as an amendment to the Clayton Act.
		Given that the RPA was chosen by Congress as the way to close what it considered a large loophole in the enforceability of anti-discrimination law, it must be assumed that Congress was careful in crafting what would be the remaining defenses available to suppliers after passage of the Act.
		Perhaps because the Sherman Act is so often the statute under which antitrust cases are brought by private plaintiffs and the government, courts have become grounded in the perspectives and proofs necessary to a proper analysis under that statute.
	www.fclr.org /articles/2002fedctslrev1(noframes).htm (16139 words)

	Robinson-Patman Act - Wikipedia, the free encyclopedia
		The Robinson-Patman Act of 1936, or Anti-Price Discrimination Act, (now codified as 15 U.S.C. outlawed the anticompetitive practice of producers allowing chain stores to purchase goods at lower prices than other retailers.
		The Act provided for criminal penalties, but contained a specific exemption for "cooperative associations".
		This page was last modified 14:49, 23 July 2005.
	en.wikipedia.org /wiki/Robinson-Patman_Act (72 words)

	American Antitrust Institute - Links
		The McCarran-Ferguson Act Adopted by Congress in 1945, the McCarran-Ferguson Act (cited as 15 USC 1011, et seq.) clarifies the power of individual States to regulate insurance and limits the application of many federal statutes to that industry.
		The Clayton Act - The Clayton Act is comprised of sections 12 - 27 of Title 15 of the U.S. Code.
		The Act was amended in 1966 to exempt the combining of professional football leagues.
	www.antitrustinstitute.org /links/codes.cfm (1234 words)

	George Haug Co. v. Rolls Royce Motor Cars Inc.
		Affirmed in part and remanded with instructions to reinstate the claim under the Robinson-Patman Act and the pendent state law claims.
		The dismissal of Haug's claims under the Robinson-Patman Act is reversed and remanded for further proceedings and Haug's supplemental state law claims are reinstated.
		The Act requires that each purchaser be given an "equal opportunity" by the seller to receive the benefit of higher or lower prices.
	lw.bna.com /lw/19980714/979238.htm (3494 words)

	Law Firm of Pepper Hamilton LLP Publications
		In several of the Robinson-Patman Act class action cases discussed herein, the defendants maintained two price lists, and it was therefore undisputed that defendants sold their products on better terms to the allegedly favored group.
		Although the number of Robinson-Patman Act class action decisions is small, it appears that the most significant hurdle for classes seeking certification will be the requirement that the plaintiffs show competitive injury.
		1 Few courts addressing certification requests in the context of Robinson-Patman Act litigation have reached the question of whether a class action would be “superior.” The few courts that have considered the “superiority” prong, ruled that it was not satisfied.
	www.pepperlaw.com /pepper/publications_article.cfm?rid=623.0 (3049 words)

	Portland 76 Auto/Truck Plaza Inc. v. Union Oil Company of California
		The jury in its special verdict awarded $1 million for damages caused by breach of the lease, and $2,307,440 caused by violation of the Robinson-Patman Act (the jury wrote that $1,307,440 of this figure was not included in the breach of lease damages, and $1,000,000 was).
		The Robinson-Patman Act generally makes it unlawful for a wholesaler to discriminate in price between different purchasers of similar commodities, subject to a number of exceptions and to a qualified exception relating to quantity.
		The legislative history of the Robinson-Patman Act makes it abundantly clear that Congress considered it to be an evil that a large buyer could secure a com petitive advantage over a small buyer solely because of the large buyer's quantity purchasing ability.
	lw.bna.com /lw/19980908/35443.htm (5326 words)

	Sidley Austin Brown & Wood Client Resources Antitrust Newsletter - March 2000
		In addition, the Robinson-Patman Act makes it illegal for a buyer knowingly to induce or receive a discount that is illegal for the seller to give.
		Finally, judicial interpretations of the Act have permitted some (but not all) forms of "functional discounts," which are prices based on the customer’s position in the distribution chain.
		For at least a decade, FTC proceedings under the Act have been infrequent, with enforcement by the Department of Justice virtually nonexistent.
	www.sidley.com /news/pub.asp?PubID=1219289132000 (899 words)

	No. 04-905: Volvo v. Reeder-Simco - Amicus (Merits)
		Even if the language of the Robinson-Patman Act were sufficiently ambiguous to permit the court of appeals' expansive construction, that result would contravene this Court's instruction that the Act "should be construed consistently with broader policies of the antitrust laws." Brooke Group, 509 U.S. at 220.
		In this case, the court of appeals extended the Robinson- Patman Act's prohibition on secondary-line price discrimination to protect a firm that did not compete with a favored purchaser and thus did not suffer price discrimination within the meaning of the Act.
		The Act should not be stretched to forbid a manufacturer to achieve the same result by offering some dealers less favorable terms, but without engaging in the kind of price discrimination between competing purchasers that was the subject of congressional concern and that falls within the express terms of the Act.
	www.usdoj.gov /osg/briefs/2004/3mer/1ami/2004-0905.mer.ami.html (6959 words)

	Robinson-Patman Act and Related Federal Statutes
		Section 2(e) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(e), prohibiting the furnishing of services or facilities for processing or handling of goods on a discriminatory basis (meaning, would have to be made available to all competitors on proportionally equal terms).
		Section 2(d) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(d), prohibiting the payment of anything in value for services or facilities for the processing or sale of goods, unless such compensation is available on proportionally equal terms to all other competing distributors.
		Section 4 of the Clayton Act, 15 U.S.C. Section 15, which provides a remedy of treble damages plus reasonable attorneys' fees for a person injured by a violation of Sections 2(a) through 2(f) of the Clayton Act, as amended by the Robinson-Patman Act or other "antitrust statutes".
	www.lawmall.com /rpa/rpastats.html (428 words)

	ROBINSON-PATMAN
		A clearcut violation of any of the antitrust laws, including the Robinson-Patman Act, may also be found unlawful under Section 5 of the FTC Act as an unfair method of competition.
		Thus, the Act requires that the discrimination be shown to have caused the requisite injury to competition.
		There is no prohibition under the Act against the seller offering different prices to each of its purchasers, such as one price when the purchaser functions as a retailer and a different price when he functions as a wholesaler, provided that all competing purchasers are treated equally.
	www.pei.org /frd/robpat.htm (1535 words)

	MSN Encarta - Discrimination
		Other important federal statutes are the Robinson-Patman Act (1936), which bars sellers of commodities in interstate commerce from discriminating in price between purchasers of goods of like grade and quality, and laws prohibiting discrimination in the rates set for land, sea, and air transportation.
		Over bitter opposition, Congress passed the Civil Rights Act of 1957, but only the right to vote was expressly addressed; other provisions of the act established a new civil rights division in the Department of Justice and a fact-finding Civil Rights Commission.
		In 1968 Congress passed the Fair Housing Act, barring racial discrimination in the sale, rental, or financing of housing in which federal moneys are involved by way of loans, mortgages, or grants.
	encarta.msn.com /encyclopedia_761573635/Discrimination.html (1079 words)

	ch49_ans.html
		Regardless of their respective labels, the beets involved here were of like grade and quality and would therefore be considered the same product for Robinson-Patman Act purposes.
		The third approach, stemming from a Supreme Court decision of more than 40 years ago, is that a tying agreement violates Clayton Act Section 3 if the defendant either had monopoly power over the tying product or restrained a substantial volume of commerce in the tied product by means of the tying agreement.
		One approach, followed by an increasing number of lower federal courts (a trend that seems likely to continue), is to require essentially the same elements of proof that are required to establish that a tying agreement violates Sherman Act Section 1.
	www.mhhe.com /business/buslaw/mallor11e/graphics/mallor11e/common/studwkbkanswers/ch49_ans.html (530 words)

	Sherman Antitrust Act
		The act, based on the constitutional power of Congress to regulate interstate commerce, declared illegal every contract, combination (in the form of trust or otherwise), or conspiracy in restraint of interstate and foreign trade.
		Second Circuit dismisses claim for excessive service fees for EURO currency exchanges holding that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to foreign customer where that injury is independent of any injury to domestic customer.
		The Sherman Act authorized the federal government to institute proceedings against trusts in order to dissolve them, but Supreme Court rulings prevented federal authorities from using the act for some years.
	www.infoplease.com /cgi-bin/id/CE047478.html (706 words)

	Winston & Strawn
		Price discrimination claims brought under the Robinson-Patman Act almost always challenge the conduct of sellers under Sections 2(a), 2(d), and 2(e).
		Section 2(f) does allow claims against buyers that knowingly solicit discriminatory sales, but it is a provision of the Act that has largely remained dormant.
		Recent cases, however, underscore the need for caution when seeking steep discounts, and in particular the need to avoid learning or inquiring about the prices your competitors are receiving.
	www.winston.com /MeetingCN.nsf/vPublicationLU/BuyerBewareUnderRobinson-PatmanAct (554 words)

	The Robinson-Patman Act: Annual Update (04/98)
		The relevant provisions are set forth in sections 2(a)-(f) of the Clayton Act, 15 U.S.C. § 13(a)-(f); references to the Robinson-Patman Act in the text therefore are intended to be to section 2 of the Clayton Act, as amended by the Robinson-Patman Act.
		The Robinson-Patman Act was enacted in 1936 to curb and prohibit all devices by which large buyers gained discriminatory preferences over smaller ones by virtue of their greater purchasing power.
		The recovery of damages in a private Robinson-Patman Act suit -- which may be trebled, pursuant to section 4 of the Clayton Act, 15 U.S.C. requires a showing not only of a violation of the Act, but also that the plaintiff has suffered actual injury as a result of the price discrimination at issue.
	www.ftc.gov /speeches/other/spring98.htm (8768 words)

	Publishers Marketing Association - Newsletter
		One element of anti-trust law is the so-called Robinson Patman Act, a federal statute that generally obliges a business to sell its goods at the same price and on the same terms to all customers who wish to buy them.
		Civil suits under the Robinson-Patman Act may be filed by the U.S. Justice Department, the U.S. Federal Trade Commission, or a private party who claims to have been injured.
		Indeed, publishers who act by common consent are always at greater risk than the single publisher who acts alone, whether in setting prices and terms or in any other aspect of the publishing industry.
	www.pma-online.org /scripts/shownews.cfm?id=842 (1397 words)

	The Robinson-Patman Act
		The Robinson-Patman Antidiscrimination Act amended Sections 2(a) through 2(f) of the Clayton Act, 15 U.S.C. 13(a) through 13(f), and added 15 U.S.C. Sections 13a, 13b and 21a.
		For a detailed discussion of the principles underlying the Robinson-Patman Act click here.
		Sections 2(c), 2(d), and 2(e), as elaborated by the FTC through the FTC Act, prohibit sellers and buyers from using brokerage, allowances and services to accomplish indirectly what sections 2(a) and 2(f) directly prohibit.
	www.consortiuminfo.org /antitrust/rob-pat.shtml (122 words)

	Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, Automobile Accidents
		Retainer Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.
		Attorney-in-fact - A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character.
		Contributory negligence -The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.
	www.accidentlawyercalifornia.com /legal_dictionary.html (13605 words)

	Legal
		One element of those laws, Section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, makes it unlawful for a seller "to discriminate in prices between different purchasers" of the same products "where the effect of such discrimination may be to substantially lessen competition....."15 U.S.C. ' 13(a).
		The Act specifically provides that paying patronage refunds to members and other patrons is not price discrimination.
		As for the charges of antitrust law violations, perhaps they will resurrect interest in whether the Capper-Volstead Act defense to anticompetitive conduct by agricultural producers covers providing supplies to producers.
	www.rurdev.usda.gov /rbs/pub/may99/legal.html (852 words)

	New Rules Project - Retail - Antitrust: Price Discrimination
		The Federal Robinson-Patman Act prohibits manufacturers and suppliers from providing price discounts and other forms of preferential treatment to some buyers and not to others, if the effect of such discrimination is to lessen competition or injure individual competitors.
		The Robinson-Patman Act is actually an amendment to the Clayton Act.
		Injured businesses may bring private lawsuits under the act, but such litigation is costly.
	www.newrules.org /retail/antiprice.html (261 words)

	The Relevance of the Robinson-Patman Act to Credit Professionals
		The Robinson-Patman Act is a federal law that makes it unlawful for any person or firm engaged in interstate commerce to discriminate in price to different purchasers of the same commodity when the effect would be to lessen competition or to create a monopoly.
		Of interest and concern to credit managers is one section of the Robinson Patman Act dealing with rebates, allowances and discounts.
		I have heard of companies offering different prices, different terms of sale, different cash discounts, an/or different allowances and rebates to "like" customers...which appears to be a violation of the Robinson Patman Act as codified in the United States Code.
	www.creditservices.org /articles/art608.shtml (565 words)

	The Credit Scoring Site
		The Equal Credit Opportunity Act states, "In an empirically derived, demonstrably and statistically sound, credit scoring system, a creditor may use an applicant's age as a predictive variable, provided that the age of an elderly applicant is not assigned a negative factor or value" (http://ecfr.gpoaccess.gov...
		And, the part to which you're referring states, "In an empirically derived, demonstrably and statistically sound, credit scoring system, a creditor may use an applicant's age as a predictive variable, provided that the age of an elderly applicant is not assigned a negative factor or value." Elderly means age 62 or older.
		NCRA: "NCRA was informed this week that the United States Federal Court in the Central District of California, Judge David Carter, has issued a split ruling in the cases of Standfacts Credit Services Inc., et al., (case number SA CV 04-358) and the NCRA case (SA CV 04-1055).
	creditscoring.com (11548 words)

	Inapplicability of the Robinson-Patman Act
		The Robinson-Patman Act makes it unlawful to discriminate in price between different purchasers if the effect of the discrimination may substantially lesson competition or create a monopoly.
		The Robinson-Patman Act does not apply to sales to NEXCOM or other elements of the U.S. Government.
		Consequently, vendors, concessionaires or other contractors may legally offer NEXCOM terms more favorable than to any other purchaser; neither the offer of the more favorable terms nor their acceptance by NEXCOM violates the Robinson-Patman Act.
	www.navy-nex.com /command/contractor_vendor/PUBS/html/cv-RobinPatLetter.html (209 words)

	RPAMall (tm) - Price Discrimination Litigation under the Robinson-Patman Act (RPA) to Protect Small Businesses and Towns from the Major Retailers (including Superstore, Category Killer and Big Box Retailers)
		Private Brand Litigation under the Robinson-Patman Act, Tires Incorporated of Broward v.
		No Liability of a Losing RPA Plaintiff to Pay Defendants' Attorneys' Fees, Unlike the Possibility under the Copyright Act
		RPA Pleadings Checklist and The 10 Most Significant RPA Issues for You to Consider
	www.lawmall.com /rpa (1992 words)

	CNN.com - Web sites change prices based on customers' habits - Jun 24, 2005
		The federal Robinson-Patman Act requires sellers to treat all competing customers on the same basis, unless there is some recognized legal justification for different treatment.
		But the act is targeting anticompetitive effects -- which are unlikely to arise in the highly competitive online market.
		The practice could also be legal if it violates antitrust or price-fixing laws.
	www.cnn.com /2005/LAW/06/24/ramasastry.website.prices/index.html (2077 words)

	PATMAN, John William Wright (1893-1976) Bibliography
		The Robinson-Patman Act: Its History and Probable Meaning.
		The Robinson-Patman Act: What You Can and Cannot Do Under This Law.
		Ballard, Jack L. “Wright Patman: The Representative.” M.A. thesis, East Texas State University, 1979.
	bioguide.congress.gov /scripts/bibdisplay.pl?index=p000103 (271 words)

	Back Issues & Abstracts
		The Robinson-Patman Act was enacted as an amendment to the Clayton Act in order to prevent unequal advantages being given to business competitors.
		The basis of a damage claim under the Act was to be the injury “to the business or property” of the injured party, but controversy concerning the proper measure of damage under the Act has lingered since its inception.
		Treble damage awards have generally been held to be punitive but Congress may have provided this remedy as compensation for probable harm that cannot be measured in exact terms.
	www.utexas.edu /law/journals/tlr/abstracts/Volume%2048/Issue%203/Renfro.htm (222 words)

	USCA1 Opinion 93-1653
		Patman Act purposes; rather, it is simply a transfer; and
		for purposes of 1 of the Sherman Act.
		Act liability conditions are met and no defenses are
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=93-1653.01A (3377 words)

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