The Antitrust Attorney Blog
Author: Steven Cernak Some of us have been asserting for years that Robinson Patman, the federal price-discrimination antitrust law, is merely “forgotten but not gone.” That is, while there has been no FTC enforcement in decades, a few private lawsuits are filed every year and careful potential defendants still follow Robison Patman compliance programs. Recent […]
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Ninth Circuit Affirms Robinson-Patman Victory — But Is There Now a Circuit Split?
Authors: Steven Cernak and Cansu Gunel In May 2024, this blog discussed a rare plaintiff victory in a Robinson-Patman case. In February 2026, the Ninth Circuit affirmed that victory in L.A. International Corp. v. Prestige Brands Holdings, Inc. In doing so, the court confirmed our key takeaways from 2024 — a successful Robinson-Patman case, while […]
The Latest Death of Antitrust’s Robinson-Patman Act?
Author: Steven Cernak Last week, the FTC voluntarily dismissed its Robinson-Patman Act case against Pepsi that it filed in January. The dismissal and the Commissioner statements accompanying it hinted that the FTC’s determination to revive Robinson-Patman will not be as strong in the Trump Administration. Short and Recent History of the Case This blog has […]
Fair to Say Robinson-Patman No Longer “Forgotten”?
Author: Steven Cernak Recently, FTC Commissioner Bedoya made one of his first speeches and called for a “return to fairness” when enforcing the antitrust laws. In particular, he called for renewed enforcement of the Robinson-Patman Act. This speech is just the latest reason why businesses need to prepare for a new antitrust landscape. But Commissioner […]
Forgotten But Not Gone—Antitrust, Price Discrimination, and The Robinson-Patman Act in the 21st Century
Author: Steven Cernak When I first started practicing antitrust law in the “80’s, the Robinson-Patman Act was already an object of derision.¹ With Chicago School thinking riding high in academia and the courts and antitrust law’s focus shifting to effects on consumers, not rivals, RP cases seemed to be dwindling down to nothing. My colleagues […]
2022 Developments in Antitrust and Distribution
Author: Steven Cernak In the antitrust world in 2022, stories about Big Tech, government enforcement, and merger challenges dominated the headlines. But in putting together the 2023 edition of Antitrust in Distribution and Franchising (available for purchase soon!), I found a number of less-famous opinions that US distributors and their counsel should know. Just like […]
State and Federal Enforcers Pull Out All the Stops to Target Meat and Poultry in 2022
Author: Aaron Gott A couple years ago, clamor for antitrust scrutiny of the agricultural industry was growing apace. But then the pandemic happened. Demand bottomed out, processing plants shuttered and everyone feared an unprecedented virus-induced recession. The clamor disappeared. The National Pork Producers Council even won approval from the U.S. Department of Justice Antitrust Division […]
Key Takeaways from the 2026 ABA Antitrust Law Section Spring Meeting
Authors: Steven Cernak, Luis Blanquez, Cansu Gunel, Sabri Siraj Bona Law was well represented at the annual largest antitrust conference, the 2026 American Bar Association Antitrust Law Section Spring Meeting in Washington, D.C. Steve Cernak spoke at a panel discussing Robinson-Patman and other issues with big companies; Cansu Gunel attended the Section’s inaugural Trial Skills […]
Bona Law Helps Deliver Successful 2023 Spring Meeting for the ABA Antitrust Section
Authors: Steve Cernak, Dylan Carson, Kristen Harris Back in person again, the 71st edition of the American Bar Association Antitrust Law Section’s annual Spring Meeting did not disappoint and Bona Law was there for the formal and informal conversations that will help shape antitrust enforcement in the U.S. and abroad. With over 3700 registrants from […]
2021 Antitrust Developments Affecting Distribution That Flew Under the Radar
Author: Steven J. Cernak Recently, I was researching 2021 antitrust developments to update my Antitrust in Distribution and Franchising book and draft a long article for another publication. That research confirmed that new government antitrust enforcers and their actions gathered the most attention last year — but this blog covered those issues already, such as […]