The More Things Change, The More They Stay The Same

On September 24, 2014, the Federal Trade Commission (FTC) approved final amendments to the Fred Meyer Guides ("Guides"). The Guides are intended to help businesses comply with the law regarding promotional allowances and services under the Robinson-Patman Act, 15 U.S.C. § 13 (d) and (e) (RPA or "the Act"). See the FTC's discussion of the changes to the Guides, followed by the amended Guides.

Summarizing the changes to the Guides takes little time. In addition to inconsequential stylistic revisions, the changes include: references to the Internet and online advertising; new language strengthening the fact that the Guides do not carry the force of law; new but mundane examples of what constitutes a promotional "service" or "facility" under the Act; and an update to the Guides' brief review of customer and third party liability.