Price Discounting and Antitrust Liability
Staying Competitive Within Robinson–Patman's Discrimination Restrictions
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, May 22, 2008
Recorded event now available
Description
Businesses involved in the purchase or sale of tangible goods — manufacturers, suppliers, wholesalers, and importers — face Robinson–Patman Act (R–P) price discrimination issues.
Companies are under intense pressure to take care of their biggest customers and to take advantage of economies of scale. This creates a strong incentive for businesses to offer their largest customer the lowest prices, which can lead to charges of price discrimination under Robinson–Patman.
To stay within the boundaries of R–P and avoid related antitrust liability, companies and their counsel must have a thorough understanding of R–P requirements and prohibitions — and the potential price discrimination traps they face.
Listen as our panel of antitrust law specialists examines the elements of price discrimination and discusses practical ways for a company to offer legal pricing discounts under R–P.
Outline
- Brief overview
- What is price discrimination?
- Elements of a R–P § 2(a) violation
- When is price discrimination feasible?
- Price discrimination under R–P
- Seller liability under the R–P
- Buyer liability under the R–P
- Promotional allowances
- § 2(d)
- § 2(e)
- Defenses and Liability
- Defenses to price discrimination violation
- Proving competitive injury
- Proving damages
- Best practices for discounting under R–P
- Maximizing pricing flexibility
- Defensible price differences
Benefits
The panel reviewed these and other key questions:
- What are the typical price discrimination issues that arise for buyers and sellers under the Robinson–Patman Act?
- What are the defenses available to companies when price discrimination violations are alleged by the government or by competitors?
- What are the best practices for companies to utilize legal price discounting that doesn't violate Robinson–Patman?
Faculty
Mark S. Ostrau,
Partner
Fenwick & West, Mountain View, Calif.
He co-chairs the Antitrust and Unfair Competition Group and represents clients before antitrust agencies in connection with the Hart–Scott–Rodino Act and other antitrust aspects of acquisitions.
Reginald D. Steer,
Partner
Akin Gump Strauss Hauer & Feld, San Francisco
He handles cases involving claims of antitrust violations, fraudulent business practices, securities violations, and products liability, including price discrimination and price fixing matters.
Deborah Salzberger,
Stikeman Elliott, Toronto, Canada
She advises clients with respect to competition and antitrust issues and regulatory filing requirements in the context of mergers and acquisitions.
Ordering
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Customer Reviews
The real case examples and case citations were very helpful.
Tyler Wilkinson
Axley Brynelson, LLP
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
We were given simple and clear answers to complex questions, lots to work with.
Patrick R. Kelly
Glenn, Feldmann, Darby & Goodlatte
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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