When you hear about the Robinson-Patman Act, you may remember it
as a law that protects smaller product re-sellers ("mom and
pop" stores, local dealers, etc.) by preventing product
suppliers from giving better prices to larger re-sellers just
because of their size. You would be correct, but two recent cases
serve as important reminders that the Robinson-Patman Act applies
to more than just prices. The cases—Dahl Automotive
Onalaska Inc. v. Ford Motor Co., 20-cv-932-jdp, 2022 WL 602904
(W.D. Wis. 2021) and Woodman's Food Market, Inc. v. Clorox
Co., 833 F.3d 743 (7th Cir. 2016)—highlight that the Act
also prevents discrimination in promotional
support. However, they also demonstrate how difficult it
can be for smaller re-sellers to prevail in Robinson-Patman
actions, even when the big guys seem to be getting an
advantage.
