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To provide some historical background, the Robinson-Patman Act as assed by Congress in 1936 to address conduct that was perceived as unfair to smaller retail establishments. It outlines price discrimination, which means no more than a difference in price, which includes more than just the stated price of the product. The most commonly used Robinson-Patman Act section provides only for civil, not criminal, penalties. 15 U.S.C. § 13(a). A section of the Act makes certain knowing conduct illegal, but that section has not been enforced by the government since the 1960’s.

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