Robinson-Patman Act Pleadings Checklist and The 10 Most Significant RPA Issues for You to Consider

Robinson-Patman Act Checklist

Practitioners should take a quick look at this checklist (which is not complete) to see if all of the listed issues have been carefully pleaded (in more extensive fashion than listed below) in their Robinson-Patman Act complaint or counterclaim:

  1. defendant's alleged activities injured competition generally, including plaintiff, and describe how the injuries took place; emphasize whenever possible that the amount of the discrimination exceeds the profit margin of the favored customer.

  2. primary-line discrimination allegations (where Small Manufacturer is suing competing Big Manufacturer for selling to Big's customers at discriminatory prices) requires an allegation that the Big Manufacturer is selling below cost. You should look carefully at caselaw to determine what type of cost is involved, such as average variable cost.

  3. near-contemporaneous sales were made by the defendant to competing resellers at different prices, and that at least one of the sales was in interstate commerce.


The top-10 list below is being written to provide and insight into the types of issues which you may face in your RPA lawsuit. The issues selected are representative and certainly not the only issues which could be included in a Top 10 List.

10 Top Issues

The foregoing issues are only a few of the major issues which arise in RPA litigation.

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Copyright © 1997 by Carl E. Person