REGULATION OF BUSINESS-DISCRIMINATORY PRACTICES IN THE FORM OF ADVERTISING ALLOWANCES, SERVICES, AND FACILITIES UNDER THE ROBINSON-PATMAN ACT

This comment will deal solely with the last two forms of discrimination prohibited by sections 2(d) and (e) of the Robinson-Patman Act, and will attempt to illustrate the present state of the law and offer a possible alternative construction and method of implementation of these sections. A recent ruling of the FTC in a group of cases appears to be significant with respect to controversial aspects of sections 2(d) and (e), and indicative of the present attitude of the Commission in the search for an adequate standard by which honest businessmen may keep within the confines of the law. These cases will be discussed in relation to past decisions and to an analysis of sections 2(d) and (e), as to their reach, function, and rationale in the overall scope of the act.