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Crossing the Streams of Price and Promotion Under the Robinson-Patman Act

5 Pages Posted: 5 Dec 2012  

Richard M. Steuer

Mayer Brown LLP

Date Written: August 28, 2012

Abstract

The Robinson-Patman Act is not likely to disappear anytime soon, despite repeated efforts at repeal, and the time has come to devote greater attention to moderizing its interpretation. Specifically, it is time to abandon the conventional wisdom that the value of price reductions and promotional assistance may not be aggregated in determining whether or not there has been discrimination. Instead, if the combined values of discounts and promotional assistance offered to each of two competing dealers are equivalent, those offers should not be held to violate the Act even if the individual values of the price and promotion components in each offer are not the same.

Keywords: Robinson-Patman, price discrimination, promotional allowances

JEL Classification: K21

Suggested Citation

Steuer, Richard M., Crossing the Streams of Price and Promotion Under the Robinson-Patman Act (August 28, 2012). Antitrust Magazine, Vol. 27, No. 1, 2012. Available at SSRN: https://ssrn.com/abstract=2184291

Richard M. Steuer (Contact Author)

Mayer Brown LLP ( email )

1221 Avenue of the Americas
New York, NY 10020-1001
United States

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