The newly-revised Guides for Advertising Allowances and Other Merchandising Payments and Services (the “Fred Meyer Guides”), explain how the FTC interprets §§ 2(d) and 2(e) of the Robinson-Patman Act, which require commodity good sellers to offer promotional allowances and services to competing resellers on proportionally equal terms. What impact will the revisions have on counseling in this area? Where did the FTC get it right, and where did they get it wrong?
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- Irving Scher, Greenberg Traurig LLP, NY, NY
- Deena Jo Schneider, Schnader Harrison Segal & Lewis LLP, Philadelphia, PA
- Richard M. Steuer, Mayer Brown LLP, NY, NY
Sponsored by the ABA Section of Antitrust Law Distribution & Franchising Committee and Pricing Conduct Committee