FTC Approves Final Amendments to Guides to Help Businesses Comply with Law Regarding Promotional Allowances and Services

The Federal Trade Commission has approved final changes to its “Fred Meyer Guides,” which explain how suppliers can provide advertising allowances and other promotional payments and services to retailers without running  afoul of certain provisions of the Robinson-Patman Act.

In December 2012, as part of its systematic review of all FTC rules and guides, the FTC sought public comment on the Fred Meyer Guides. The Guides explain how suppliers can provide promotional allowances and services to retailers on “proportionally equal terms” in compliance with the Robinson Patman Act, which prohibits anticompetitive price discrimination and certain other kinds of business discrimination. 

In response to comments received, the FTC has approved modest changes to the Guides to bring them up to date with technological developments and with current Commission enforcement priorities.

The Commission vote approving the Notice containing the amendments to the Fred Meyer Guides was 5-0. The changes to the Guides will become effective November 10, 2014. (FTC File No. P123900; the staff contact is Julie A. Goshorn, Bureau of Competition, 202-326-3033)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust@ftc.gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.