FTC Amends Fred Meyer Guides, But Just A Little

The U.S. Federal Trade Commission has approved final amendments to its so-called "Fred Meyer Guides," which offer guidance to manufacturers, wholesalers, and other sellers on to how to provide advertising allowances and other promotional payments and services to retailers in compliance with the price discriminate statute, the Robinson-Patman Act ("RPA"). Unfortunately, the FTC did not drastically revise the Guides, but only adopted modest amendments to reflect technological developments, such as the proliferation of internet commerce. The FTC's limited action will come as a disappointment to businesses seeking greater clarity regarding how their marketing and promotional activities will be analyzed under the RPA.