Resumed FTC Enforcement Against Price Discrimination, and Ramifications of a Conscious Uncoupling of Price Discrimination from Robinson-Patman

In September of 2022, FTC Commissioner Alvaro Bedoya gave a speech in which he discussed the resumption of Robinson-Patman enforcement by the FTC.  In November of 2022, the FTC issued a Policy Statement where it indicated a desire to restore “rigorous enforcement” of Section 5 of the FTC Act. That Policy Statement included a willingness to challenge “price discrimination” in circumstances where the conduct does not technically violate Robinson-Patman. The article discusses the ramif