Price Discounting and Antitrust Liability
Staying Competitive Within Robinson–Patman's Discrimination Restrictions
Recording of a 90-minute CLE webinar with Q&A
- 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
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?
Mark S. Ostrau
Fenwick & West
He co-chairs the Antitrust and Unfair Competition Group and represents clients before antitrust agencies in... | Read More
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.Close
Reginald D. Steer
Akin Gump Strauss Hauer & Feld
He handles cases involving claims of antitrust violations, fraudulent business practices, securities violations, and... | Read More
He handles cases involving claims of antitrust violations, fraudulent business practices, securities violations, and products liability, including price discrimination and price fixing matters.Close
She advises clients with respect to competition and antitrust issues and regulatory filing requirements in the context... | Read More
She advises clients with respect to competition and antitrust issues and regulatory filing requirements in the context of mergers and acquisitions.Close
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CLE On-Demand Audio