Robinson-Patman Act

• Date: 02 June 2025

99

CHAPTER V

ROBINSON-PATMAN ACT

A. Introduction

There were few private Robinson-Patman Act cases initiated in 2024.1

The Federal Trade Commission, however, reinstated its previously-quiet

Robinson-Patman Act enforcement. In October 2024, the Federal Trade

Commission brought its first Robinson-Patman Act action in more than 20

years. In Federal Trade Commission v. Southern Glazer’s Wine & Spirits,

the Commission claimed that that Southern Glazer’s, a wine and spirits

distributor, charged higher prices to smaller retailers than it did to large

chains, allegedly in violation of Section 2(a) of the Robinson-Patman Act.

The litigation is proceeding in federal district court for the Central District

of California.2 Based on an investigation begun in 2024, the FTC brought

a second Robinson-Patman Act action in January 2025, alleging that

PepsiCo engages in illegal price discrimination by favoring a large retailer

over other vendors and customers.3 This litigation is proceeding in federal

district court for the Southern District of New York.

Key decisions in 2024 focused on the Robinson-Patman Act’s

commerce requirement, competitive injury requirement, and brokerage

provision.

B. The Commerce Requirement

1. Interstate and Intrastate Sales

In Alfredo’s Foreign Cars v. Stellantis US,4 the U.S. District Court for

the Southern District of New York held that federal common law does not

give claim preclusive effect to a state administrative proceeding against a

1. See, e.g., Rawson Inc. v. Associated Materials, LLC, No. 24-cv-1012 (D.

NM. Oct. 7, 2024) (alleging RPA price discrimination for lower-priced

sales to competitors).

2. Fed. Trade Comm’n v. Southern Glazer’s Wine & Spirits, No. 24-cv-02684

(C.D. Cal. Dec. 12, 2024) (alleging that defendant charged independent

retailers higher prices than regional and national chain stores).

3. Fed. Trade Comm’n v. PepsiCo, Inc., No. 25-cv-664 (S.D.N.Y. Jan. 23,

2025).

4. No. 22-cv-10478, 2024 WL 964967 (S.D.N.Y. Mar. 5, 2024).