Robinson-Patman Act Section 2(c) Brokerage Provision Claims

Summary

The Robinson-Patman Act (the Act) prohibits certain forms of discrimination, principally price discrimination between competing buyers of commodities. Section 2(c) of the Act prohibits so-called dummy or fictitious brokerage payments from a seller that are intended to mask discounts to a buyer that might be considered prohibited discounts under Section 2(a). While Section 2(c) claims are rare, wary sellers still must be aware of Section 2(c), particularly because unlike other parts of the Act, there are fewer elements required to prove a violation and no defenses apply. To fully understand the Robinson-Patman Act and its current enforcement, it is helpful to understand some of the history of the Act and the evolution of its interpretation. For a discussion of the history and rationale for the Act, please see Robinson-Patman Act Section 2(a) Price Discrimination Claims: Elements. This practice note will assist you in representing potential plaintiffs or defendants to better understand: ...