Analyzing Robinson-Patman

The Robinson-Patman Act protects inefficient competitors rather than consumers. The possibility of a suit brought under Robinson-Patman increases the costs of efficient competitors. Robinson-Patman shifts the benefit of antitrust law from consumers to less efficient competitors. As such, the Act is fundamentally in tension with contemporary antitrust policy. This Essay explores the history of Robinson-Patman, empirically analyzes shifts in Robinson-Patman caselaw, and discusses how the FTC may have aided (or not) the change in legal outcomes of Robinson-Patman cases