The End of the Robinson-Patman Act? Evidence from Legal Case Data
The Robinson-Patman Act (RP), an antitrust statute aimed at protecting small businesses, limits price setting in distribution channels. To avoid costly penalties under RP, managers take a variety of precautions when pricing to retailers and wholesalers. But how likely is a court to find a defendant guilty of violating the RP? We find that this likelihood has dropped drastically as a result of recent Supreme Court rulings from more than 1 in 3 before 1993 to less than 1 in 20 for the period 2006-2010. The analysis also points to an increased success of the no harm to competition defense, which reflects the view that the courts have raised the hurdle for plaintiffs to establish competitive harm. Finally, our results indicate that smaller plaintiffs over time have fared worse than larger ones, a trend that challenges the notion that RP protects small businesses.
Volume (Year): 56 (2010)
Issue (Month): 12 (December)
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- Thomas W. Ross, 1983.
"Winners and Losers under the Robinson-Patman Act,"
University of Chicago - George G. Stigler Center for Study of Economy and State
30, Chicago - Center for Study of Economy and State.
- Elzinga, Kenneth G & Hogarty, Thomas F, 1978. "Utah Pie and the Consequences of Robinson-Patman," Journal of Law and Economics, University of Chicago Press, vol. 21(2), pages 427-34, October.
- Katz, Michael L, 1987. "The Welfare Effects of Third-Degree Price Discrimination in," American Economic Review, American Economic Association, vol. 77(1), pages 154-67, March.
- O'Brien, Daniel P & Shaffer, Greg, 1994. "The Welfare Effects of Forbidding Discriminatory Discounts: A Secondary Line Analysis of Robinson-Patman," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(2), pages 296-318, October.
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