FTC Secures First Robinson-Patman Act Enforcement Action In A Generation

Key Takeaways

• The FTC settled its complaint against Southern Glazer’s, marking its first Robinson-Patman Act enforcement action since 2000.
• The settlement imposes a six-year monitoring regime, with escalating cure payments designed to deter future violations. 
• Chairman Ferguson, who dissented from issuing the complaint in 2024, supported the settlement and affirmed that the Robinson-Patman Act “remains good law,” signaling future enforcement in appropriate cases.
• The FTC has signaled continued interest in Robinson-Patman Act enforcement, and Chairman Ferguson specifically noted that such resources would be better focused on cases “involving buyers with market power.”
• In a separate statement, Commissioner Meador recommended that the FTC develop guidance on Robinson-Patman Act enforcement, expressing reservations about bringing the case in the alcohol distribution industry and favoring future inquiries in sectors like food and groceries that more directly affect the cost of