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12.18.24
Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense
On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government enforcement action under the Robinson-Patman Act (RPA) in nearly 25 years.1 Much ink was spilled across statements issued by FTC Commissioners Alvaro Bedoya, Andrew Ferguson, and Melissa Holyoak about the history of the enactment and enforcement of the RPA and various statutory interpretation arguments. That commentary is certainly interesting reading to better understand dueling views on the origin and purpose of the RPA, but the key takeaways for suppliers and retailers assessing legal risk under the RPA are: the RPA remains good law, the FTC has delivered on its promise to revive enforcement, and the incoming Chair for the Trump Administration—Commissioner Ferguson—is open to future RPA enforcement, particularly when the favored buyer has market power.
Client Highlights
5.10.23
D.C. Circuit Grants NRDC Petition for Review Supported by Wilson Sonsini Amicus Brief
On May 9, 2023, the U.S. Court of Appeals for the D.C. Circuit held that the Environmental Protection Agency’s (EPA’s) decision not to regulate perchlorate in drinking water violated the Safe Drinking Water Act (NRDC v. Michael Regan, et al., USCA Case #20-1335). When perchlorate is ingested through drinking water, it can disrupt thyroid hormone production, leading to neurodevelopmental issues, particularly in fetuses and young children. Due to these risks, in 2011 the EPA issued a final determination to regulate perchlorate in drinking water nationally. However, the EPA never promulgated such regulations and withdrew its own determination that it should regulate perchlorate. The National Resources Defense Council (NRDC) petitioned for review, arguing that the EPA lacked the authority to withdraw that determination under the Safe Drinking Water Act.
Client Highlights
12.05.19
Wilson Sonsini Secures Win for Symantec in Antitrust Suit
On Tuesday, December 3, in response to a motion to dismiss filed by Wilson Sonsini Goodrich & Rosati, NSS Labs called off an antitrust action against cybersecurity standards development group Anti-Malware Testing Standards Organization (AMTSO) and members Symantec and ESET. Wilson Sonsini Goodrich & Rosati represented Symantec in the matter.
Alerts
8.16.16
Seventh Circuit Decrees That Package Size Alone Is Not Enough for a Robinson-Patman Claim
On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state a claim under the Robinson-Patman Act based solely on differences in the size of the package offered for sale. The decision should provide comfort to suppliers that may wish to provide their products in different-sized packages to some but not all of their resellers.