Discriminatory Pricing and the Robinson-Patman Act: Brief Background and Analysis. CRS Report for Congress

摘要

The Robinson-Patman (R-P) Act, 15 U.S.C. Section 13, 13a, 13b, 21a, makes it unlawful, with certain exceptions, to knowingly sell goods 'in commerce', for use or sale within the United States, at differing prices to contemporaneous buyers of those goods. The 'in commerce' language of Robinson-Patman has been held to mean that the interstate commerce requirement is satisfied only when at least one of the two (or more) sales is made 'in the stream of commerce' - i.e., across state lines. Enacted during the Depression at the behest of small grocers who feared the buying power of large and growing chain grocers, Robinson-Patman is the exception to the notion that the antitrust laws protect competition, not competitors in that it generally prohibits precisely the kind of price differentiation which would normally be thought to result from vigorous competition. Allegations of Robinson-Patman violations may be defended by asserting and proving either that the differing prices reflect only the cost of the seller's manufacture or delivery (the cost justification defense); or, that the seller is attempting either (1) to meet the competition of another seller, or (2) enable his buyer to meet the competition of a competitor of the buyer ('meeting competition' defense).