The Price Discrimination Handbook is intended to provide a
comprehensive resource regarding price discrimination law in the United
States and in jurisdictions located throughout the world, and is addressed
both to practitioners who spend significant time on price discrimination
issues as well as the general practitioner seeking guidance on these
issues. The Pricing Conduct Committee of the ABA Section of Antitrust
Law closely monitors developments in price discrimination law and
works to keep committee members and other interested practitioners up
to date through a variety of programs and publications. This handbook is
our effort to gather some of the most important information on
compliance with price discrimination laws in a single reference that can
be used to evaluate pricing programs and policies that affect U.S.
interstate commerce, apply in a single U.S. state, or that raise potential
issues in one or more foreign jurisdictions.
The handbook is divided into four chapters. Chapter I provides an
overview of the theory and purposes of price discrimination laws. It
defines and outlines the different forms of price discrimination, and
explains the continuing debate over whether laws regulating price
discrimination are compatible with the economic and legal underpinnings
of other antitrust laws. Chapter II provides an in-depth discussion of the
Robinson-Patman Act (RPA), the principal federal price discrimination
law. The chapter explains the law itself, how it relates to other antitrust
jurisprudence, such as predatory pricing law, the elements of an RPA
claim, and the defenses available to a party accused of price
discrimination. Chapter III explores the various approaches to price
discrimination law among the states, which vary in their focus. The
chapter also discusses state price discrimination laws that apply to
particular industries, including motor vehicle and motor fuel sales, dairy
and other agricultural products, and alcoholic beverages, and who may
enforce the various state price discrimination laws.
Chapter IV explores price discrimination laws in other countries in
the Americas, Asia, Europe, and Africa. The chapter provides a global

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