Last week, 43 members of the House of Representatives urged the Federal Trade Commission to return to enforcing a law they haven’t used in more than 20 years: the Robinson-Patman Act. This complex law forbids sellers to favor one buyer over another in pricing, services, or facilities.
There are good reasons why the act has fallen into disuse, including its propensity to create perverse outcomes for the small producers it was intended to protect from market gorillas.
But now might be a unique moment when the act could see a resurgence. Not only are market and supply conditions in ...