Wiggin and Dana Antitrust Partner Quoted in Law360

October 31, 2014

Wiggin and Dana antitrust partner Robert M. Langer was quoted in a October 31, 2014 Law360 article titled, "FTC Keeps Retailers In Dark With Price-Bias Guidance." The article discusses the Federal Trade Commission's recently updated guidance on the nation's anti-price discrimination statute, which expressly mentions e-commerce for the first time. The FTC's guidance, originally issued in 1969, address advertising and other types of promotional allowances.

Despite this update, some commentators said the FTC chose not to make major revisions to the guides that, in their view, do not reflect the realities of the retail business and are at odds with modern views on U.S. antitrust law intended to keep consumer prices low by fostering market competition.

"It [the guides] didn't really break any new ground," reflected Bob. Notwithstanding, he further noted the following, "It's a reminder that Robinson-Patman is not dead. We remind our clients that price discrimination is still an active area for private litigation."