Insights

There were two significant developments recently at the Federal Trade Commission (FTC) in its enforcement of the Robinson-Patman Act (RPA), a statute that broadly prohibits sellers from engaging in price discrimination that harms competition. First, the Commission settled a litigation against Southern Glazer’s that was initially brought during the Biden administration, and second, the Commission also announced the resolution of an investigation into price discrimination by Gildan Activewear and S&S holdings in the wholesale T-shirt distribution industry. These developments signal a more measured approach to the RPA than in the prior administration but are nonetheless a reminder to companies that the RPA is alive and well and remains an important tool for enforcers and plaintiffs to address price discrimination. Companies that sell to retailers or operate in distribution channels should consider periodic reviews of their pricing structures and compliance programs to ensure compliance with the RPA. 

Last week during the National Advertising Division 2026 Annual Conference, the Federal Trade Commission (FTC) provided insights on its enforcement priorities, and the National Advertising Division (NAD) provided updates on recent cases and procedural updates. 

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates.

This week the Federal Trade Commission (FTC) issued a statement regarding the acquisition of Fairfield Medical Center by Adena Health, extended the public comment period on its proposed enforcement policy statement regarding personalized pricing, and announced a settlement with a payment processor to implement merchant screening practices and pay millions over charges of facilitating merchant fraud. More on these stories after the jump.