The Robinson-Patman Act and Antitrust Policy: A Time for Reappraisal

What has been learned from thirty years' enforcement of the Robinson-Patman Act? To answer that question Federal Trade Commissioner Elman calls for an objective and thorough study and reappraisal of the act in relation to basic antitrust goals and policy. The fundamental question is how a price discrimination law can operate to help attain the broader antitrust goals of achieving economic growth and progress while preserving and enlarging economic opportunity. Commissioner Elman points out the major problem areas which should be the subject of such a study, among them standards of competitive injury, cost justification, and the meeting competition defense.

He suggests that the most critical question, whose solution may obviate many of the problems, is how to reorient enforcement policy to focus on the central evil at which the Robinson-Patman Act was aimed-the misuse of large buying power.