About the Course
Introduction
This program will explore the latest developments and trends in private litigation and regulatory enforcement relating to price discrimination claims under the Robinson-Patman Act (RPA). The panel will highlight how private plaintiffs continue to pursue price discrimination claims under the RPA while the Federal Trade Commission (FTC) and the Department of Justice remain relatively inactive and selective in pursuing RPA lawsuits.
Description
The RPA prohibits certain discriminatory direct and indirect pricing practices. Although government enforcement of the RPA has remained relatively dormant for the last 25 years, the FTC under the Biden administration revived the RPA by filing two lawsuits in late 2024 and early 2025. However, the Trump administration ushered in new antitrust priorities and voluntarily dismissed its price discrimination case against PepsiCo but has continued to pursue its case against Southern Glazer's Wine and Spirits L.L.C. The FTC's different actions in these two cases signal a more selective and uncertain approach to RPA enforcement going forward.
Even if the FTC ultimately retreats from its RPA enforcement efforts, private RPA litigation has remained active, and plaintiffs have seen success in these cases in recent years. These private actions have developed the law and provided important lessons and a foundation for more rigorous RPA enforcement in the future. These cases should also prompt businesses to revisit their pricing strategies and promotional practices to ensure compliance with the RPA.
Listen as our panel of antitrust experts reviews the latest trends and developments in RPA enforcement and provides guidance for advising clients on their pricing and promotional strategies in light of the evolving legal and regulatory framework.
Presented By
Mr. Gordon’s practice includes handling both civil and criminal litigation matters as well as federal and state government investigations; representing clients in mergers and acquisitions before the FTC, Antitrust Division of the DOJ and state competition authorities; and counseling clients on a variety of joint venture and marketing and distribution practices. He has extensive experience in developing and implementing global antitrust compliance programs and has handled diverse matters involving consumer protection issues, advertising and trade association activities.
Mr. Stein, a seasoned antitrust litigator and former attorney at the FTC's Bureau of Competition, brings more than three decades of experience to the firm’s commercial litigation team and transactions practices. Specializing in antitrust law and federal and state investigations and enforcement proceedings, he represents and counsels clients in a variety of industries, including healthcare, life sciences, pharmaceuticals, and medical devices; retail, merchandise, and e-commerce; industrial equipment and chemicals; automotive, commercial airlines, and air cargo; algorithmic pricing; media and advertising; industrial packaging; agriculture; real estate; and fintech. Mr. Stein’s significant antitrust litigation and counseling experience includes almost a decade investigating mergers and anticompetitive conduct and serving in senior positions on trial and pretrial teams for the FTC’s Bureau of Competition. He has analyzed and litigated complex issues involving price fixing, monopolization, boycotts, refusals to deal, exclusive dealing, and unfair and deceptive practices (among other issues), and provides strategic M&A, counseling, and compliance advice, as well as represented targets and third parties during government investigations and proceedings. Mr. Stein has served in various roles for the ABA’s and NYSTBA’s antitrust sections, has been a member of the NYSBA Antitrust Law Executive Committee since 2010, and has chaired or moderated myriad panels and workshops focused on litigation and antitrust law.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, February 17, 2026
- schedule
1:00 PM E.T.
I. Background: history of direct and indirect price discrimination under the RPA
II. Private RPA litigation trends, developments, and lessons learned
III. FTC enforcement priorities relating to price discrimination and its selective pursuit of RPA claims
IV. Actionable takeaways for businesses to ensure their pricing strategies and practices are RPA-compliant
The panel will address these and other key considerations:
- What constitutes indirect or direct pricing discrimination under the RPA?
- What is the current administration's stance on RPA enforcement?
- How have private litigants been successful in asserting RPA price discrimination claims?
- What strategies and practices should businesses employ when setting their prices to ensure they are compliant with the current RPA framework?
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