Buyer Liability Under Section 2(f) of the Robinson-Patman Act

Despite the fact that the 1936 Robinson-Patman Act amendments to the Clayton Act were enacted in an attempt to curb the ability of large businesses to coerce sellers of products into granting them discriminatory price advantages over smaller purchasers, only one section of the Act, section 2(f) which prohibits the knowing inducement or receipt of discriminatory prices, is aimed at buyers. The remainder of the Act is directed toward sellers. Liability under section 2(f) is generally derivative in nature, being based on a preliminary finding of seller liability under another section of the Act. Because of this derivative nature of buyer liability and because other sections of the Act define what is and what is not a "discriminatory price," it is important to understand those sections of the Act directed toward sellers.