BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month February 17, 2026 @ 1:00 PM E.T.
  • signal_cellular_alt Intermediate
  • card_travel Antitrust
  • schedule 90 minutes

Antitrust Developments Under the Robinson-Patman Act: Private Litigation Trends; Selective Regulatory Enforcement

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 12/18/25

This course is $0 with these passes:

CLE
ALL
  1. keyboard_arrow_leftBack
BarbriPdBannerMessage

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

Gerald A. Stein
Partner
Davis Wright Tremaine LLP

Mr. Stein’s comprehensive career as an antitrust litigator and as a former attorney with the Bureau of Competition at the FTC enables him to represent and counsel clients in a full array of antitrust matters including federal and state litigation, class action and multidistrict litigation, and federal and state antitrust enforcement proceedings in all industries. He also provides strategic antitrust merger and acquisition analysis, counseling, and compliance, and represents clients as targets or non-party witnesses in federal and state government investigations and proceedings. Mr. Stein has represented major corporations in all aspects of commercial litigation and private antitrust actions involving alleged violations of Sherman Act Sections 1 and 2 regarding claims of price fixing, monopolization, boycotts, refusals to deal, and unfair and deceptive trade practices in various industries. In addition to his litigation practice, Mr. Stein counsels and represents major companies with respect to antitrust compliance and transactional work in a wide variety of industries including hospital systems, physician practice groups, and medical devices. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

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?