Professor D. Daniel Sokol
83 Geo. Wash. L. Rev. 2064
Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100”
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 case law, and discusses how the FTC may have aided (or
not) the change in legal outcomes of Robinson-Patman cases.
