Tafthartley act federal trade commission act robinson patman act clayton act 1. The act applies to commodities, but not to services, and to purchases, but not to leases. The act provides specific circumstances where price discrimination violates federal antitrust law, and allows private parties who were injured by illegal price discrimination to pursue litigation. A federal law passed in 1936 to outlaw price discrimination. The robinson patman act forbids product differentiation. Robinson patman act the purchase or sale of discounted drugs for use in that program, if. Alaska is the only state without a law school, so for many clerks, the first true exposure to both alaska and alaskan law occurs when the clerkship begins. An actual act mathematics test contains 60 questions to be answered in 60 minutes. On october 21, 2019, a jury empaneled by the united states district court for the central district of california found that the makers of 5hour energy shots did not violate the robinson. The act specifically limits price discrimination and it is an amendment to the clayton antitrust act, which was the first law of its kinds to prevent unfair price discrimination.
The act applies to commodities, but not to services, and to purchases, but not to. Ill also give you key strategies to help you make big improvements on each practice test. This note discusses the key elements of the defense and includes a survey of important cases in each circuit noting. Magoosh offers a fulllength act practice test pdf, with answer explanations.
As a best practice, suppliers should class their customers according to the above four factors. Chapter 15 microeconomics practice test random house. The usual clayton act standard for measuring injury applies to robinson patman violationsthat is, a violation occurs when the effect may be substantially to lessen competition or tend to create a monopoly in any line of commerce. Dykema has long represented the full range of pharmacy providers from institutional to retail, offering them the comprehensive services and counsel they need to navigate a complex legal landscape. Congress in 1936 to supplement the clayton antitrust act. In this post, ill tell you where you can find all official, printable act practice tests with answer keys. The act, advanced by congressman wright patman, prohibited any person or firm engaged in interstate commerce to discriminate in price to different purchasers of the same commodity when the effect would be to lessen competition or to create a monopoly. We find that this is not the case, and that vertical markets for. Terms pushback strategy tps meets the robinsonpatman. Meeting competitionby practical law antitrust related content maintained usa nationalfederala standard document to be used to provide evidence that a seller attempted to verify a competitors lower price legally if it is ever subject to a price discrimination claim under the robinson patman act.
The robinsonpatman act prohibits a seller of commodities from selling comparable goods to different buyers at different prices, except in certain. Entrepreneurship 1 what document should you prepare to include with your business plan that will tell the reader about your qualifications to run the business. It was designed to protect small retail shops against competition from chain stores by fixing a minimum price for retail products. The robinson patman act of 1936 made it illegal for companies to engage in certain behavior.
The act, which prevents unfair competition, is based on the amendment of the clayton antitrust act of 1914. The line in the figure above is the most similar to a typical a total cost curve b total product curve c marginal product curve. Those same manufacturers might also need to contend with the reemergence of robinson patman act. Included are helpful hints and testtaking strategies, as well as a complete practice act, with retired questions from earlier tests given on previous test dates at. Before the recent election, some antitrust commentators called for reinvigorated robinson patman enforcement. Robinsonpatman act application to goods purchased for. Act academy is a free online learning tool and test practice program designed to help you get the. Theres more to life than just work let the aba help balance your personal life with tips on wellness, relationships, worklife balance. Free act practice test with answers and explanations pdf.
Disfavored retailers turning up the volume on robinson. Below are all six currently available pdfs for official act tests. Official act practice tests free online and pdf tests testive. Links to free full length act practice tests pdf format. In practice, robinsonpatman claims must meet several specific legal tests. There must be likely injury to competition that is, a private plaintiff must also show actual harm to his or her business. Taft hartley act federal trade commission act robinson. The robinson patman act also called the antiprice discrimination act was passed in 1936 to respond to the perceived unfairness of manufacturers that sold products at cheaper prices to chain stores, thereby creating a disadvantage to the chains singlestore competitors in a given town. The borden company,1 the united states supreme court held that physically and chemically identical goods packaged and sold by the same manufacturer are within the scope of section 2a of the robinson patman act,2. Robinsonpatman act and vertical relationships american. The act prohibits sellers from charging different prices to different buyers for identical products when the. Robinsonpatman act legal definition of robinsonpatman act. In practice, the harm to competition requirement often is the makeorbreak point. Three product constraints that influence a retailers product decisions are.
Read each question carefully to make sure you understand the type of answer required. The federal trade commission has filed an amicus brief urging reversal and advocating a narrow view of section 2e of the robinson patman act. Robinsonpatman act definition, price discrimination. The robinsonpatman act of 1936 is a united states federal law that prohibits anticompetitive. Functional availability defenseby practical law antitrust related content maintained usa nationalfederala practice note discussing the functional availability defense to price discrimination claims brought under section 2a of the robinson patman act. Chapter 7 practice test multiple choice identify the choice that best completes the statement or answers the question. A practice note discussing the functional availability defense to price discrimination claims brought under section 2a of the robinson patman act. The robinson patman amendments to section 2 of the clayton act price discrimination. The robinson patman act1 bans price discrimination,2 or more precisely, differential pricing.
There is no direct legislative equivalent to the us robinson patman act in ec law. The robinsonpatman act is part of the antitrust legislation of the clayton act. The robinsonpatman act of 1936, also referred to as the antiprice discrimination act, is a part of united states federal law that prohibits producers of products from participating in anticompetitive practices. Resolving the conflict between the sherman act and the. The robinson patman act of 1936 or antiprice discrimination act, pub. Bargaining between consumerproduct manufacturers and their retail customers is at least nominally constrained by the prohibitions on price discrimination of the robinson patman act rpa of 1936. Youll find pdf versions of fulllength act practice tests to print out and an online practice test here. D robinson patman act and the ownuse exemption in health systems, american journal of healthsystem pharmacy, volume 56, issue 10, 15. Assess your understanding of the robinson patman act of 1936 and the history behind it with this quizworksheet combination. Our counsel is supported by a deep understanding of legal nuances pertaining to issues ranging from state board and pharmacy licensure to robinson patman act antiprice discrimination. Pharmacies, dea and robinsonpatman340b drug programs. This test is a great way to gauge your act strengths and weaknesses.
Part 4 eight official practice tests with answer explanations. The uniform commercial code ucc is the only legal guide to commercial practice in the united nations. To violate the robinson patman act, the sellers price discrimination must have an anticompetitive effect. In the same period there is a drought affecting the. The ftc argues that the practice of offering different package sizes to different retail channels is not a promotional service and therefore cannot alone support a price discrimination claim. This note discusses the key elements of the defense and includes a survey of important cases in each circuit noting how the defense has been applied. Once youve downloaded a pdf practice test, i recommend printing it out and working through it on paper using official time limits more on this in. Walmart and price discrimination by dukes, anthony j. Therefore the proper test should be the one which provides the. Price discrimination is a practice where a company. The robinsonpatman act is an amendment to the 1914 clayton antitrust act. Hospital pharmacy robinson patman law the board of pharmacy receives numerous calls concerning how a hospital can or cannot use drugs purchased under preferential prices. Test specifications for antitrust and trade regulation.
Sat practice test 9 answer explanations the college board. The robinson patman act e the cellerkefauver act 17. April 2425, 2008 law seminars international pharmaceutical antitrust 042408 in washington, dc stephen j. Market concentration market power ssnip test relevant market merger control.
S congress in 1936 in order to outlaw discrimination on price basis. Interpretation of like grade and qualityin federal trade commission v. The robinsonpatman act is an amendment to the 1914 clayton antitrust act and is supposed to prevent unfair. Robinson patman act rpa case and added to the longstanding history of judicial criticism of the rpa. The avenue to discounts for nonprofit hospital pharmacies.
Ftc advocates narrowing robinsonpatman act jones day. The ronbinsonpatman act robinsonpatman antitrust law. The robinsonpatman act of 1936 or antiprice discrimination act, pub. Act test prep, delivered by the experts, designed to fit your study preferences and your budget. Forgotten but not goneantitrust, price discrimination. Disfavored retailers turning up the volume on robinsonpatman litigation. While the ftc has largely stopped bringing robinson patman act enforcement actions, private actions remain. Robinsonpatman act 1936 robinsonpatman act 1936 refers to a federal law that was passed by the u. The rationale for this act and the enforcement of the. In fact, the robinson patman act is historically referred to as the antichainstore act. Steven cernak when i first started practicing antitrust law in the 80s, the robinson patman act was already an object of derision. Robinson patman act law and legal definition uslegal, inc. Recently, i considered how vendors providing goods can use the robinson patman act to rebuff a customers request for extended terms or, alternatively, use the act s meet the competition.
Robinsonpatman act application to goods purchased for resale. While volume discounts are a normal practice for business, few recognize that a pricing strategy based solely upon volume may be prohibited by u. The robinsonpatman act of 1936, also called the antiprice discrimination act, made it illegal for companies to engage in price discrimination. If you choose to use a calculator, be sure it is permitted, is working on test day, and has reliable batteries. The robinson patman act of 1936 was a result of this public outcry against the chain store. Robinsonpatman act and the ownuse exemption in health.
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