Robinson-Patman Act and Related Federal Statutes
Robinson-Patman Act and Related Federal Statutes
Last Update: 8/3/01 16:30
To understand the Robinson-Patman Act, it is necessary to study each of the following statutes or portions of statutes, as follows:
- Sections 2(a)
through 2(f) of the Clayton Act, as amended by the Robinson-Patman Act, 15
U.S.C.A. 13(a) through 13(f) and Section 3 of the RPA, prohibiting price and service discrimination in a variety of ways (also, see below for specific paragraphs of section 13)
- Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(a), prohibiting price discrimination (subject to the cost justification and meeting-competition defenses)
- Section 2(b) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(b), providing that the defendant has the burden of proving its defenses.
- Section 2(c) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(c), prohibiting the payment or acceptance of any commission, brokerage or other compensation except for services actually rendered.
- Section 2(d) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(d), prohibiting the payment of anything in value for services or facilities for the processing or sale of goods, unless such compensation is available on proportionally equal terms to all other competing distributors.
- Section 2(e) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(e), prohibiting the furnishing of services or facilities for processing or handling of goods on a discriminatory basis (meaning, would have to be made available to all competitors on proportionally equal terms).
- Section 2(f) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. Section 13(f), prohibiting the knowing inducement or receipt of a discriminatory price.
- Section 13a (a
different section from subparagraph a above) of the Clayton Act, 15 U.S.C.A. Section 13a, prohibiting discrimination in rebates, discounts, or advertising service charges, with a maximum fine of $5,000 and one year in jail - a statute which is not part of the "antitrust" statutes for private actions, but might be useful in discussing any type of criminal proceedings.
- Section 4 of the Clayton Act, 15 U.S.C. Section 15, which provides a remedy of treble damages plus reasonable attorneys' fees for a person injured by a violation of Sections 2(a) through 2(f) of the Clayton Act, as amended by the Robinson-Patman Act or other "antitrust statutes".
- Section 16
of the Clayton Act, 15 U.S.C. Section 26, which provides a possible remedy of injunctive relief and related attorneys' fees for a person injured by a violation of the Robinson-Patman Act or other antitrust statutes.
- Section 1 of the Sherman Act, 15 U.S.C.A. Section 1, prohibiting conspiracies and restraints in trade.
- Section 2 of the Sherman Act, 15 U.S.C.A. Section 2, prohibiting monopolization and conspiracies and attempts to monopolize.
- Section 4 of the Sherman Act, 15 U.S.C.A. Section 4, providing for injunctive relief, both preliminary and permanent.
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