What To Expect From 7th Circ. In Robinson-Patman Case

Law360, New York (March 16, 2016, 11:52 PM EDT) -- Christopher S. Finnerty

Michael R. Murphy

Edward J. Mikolinski The Robinson-Patman Act (RPA) was designed to create fair competition among purchasers. The act separately addresses different forms of unlawful discrimination between competing purchasers — Section 2(a) prohibits price discrimination and Section 2(e) prohibits discrimination in furnishing services to promote the resale of products. Although both forms of discrimination ultimately affect price, promotional services are more easily masked and often less apparent. For this reason, the competitive harm element required for a claim under Section 2(a) is not required under 2(e), leaving no competitive or cost justification defenses available for Section 2(e)....

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