Burr & Forman Attorneys Author Section in American Bar Association's Price Discrimination Handbook

    January 07, 2013

    Burr & Forman LLP is pleased to announce that two of its Birmingham partners, Mark Lawson and Devin Dolive, have co-authored a chapter in the Price Discrimination Handbook, published this month by the Antitrust Law Section of the American Bar Association (ABA).

    “The handbook serves as a guide to the compliance issues and potential exposure that can arise when sellers charge different prices to different purchasers”

    -Devin Dolive

    Lawson and Dolive’s chapter discusses state statutes, including both industry-specific statutes and statutes of more general application, that impact pricing practices.

    “While federal laws related to pricing practices are generally well-known, there are a number of state-level laws and regulations that apply to price discrimination as well,” explained Lawson. “Wholesalers and manufacturers, particularly those with multi-state and multi-national operations, should be mindful of potential exposure to claims in the various states in which they operate, in addition to the federal case law that has developed under the Robinson-Patman Act.”

    The Price Discrimination Handbook is the first publication by the ABA’s Antitrust Law Section in over 20 years devoted exclusively to price discrimination laws. While the Handbook also covers federal law and laws of foreign jurisdictions, Lawson and Dolive’s contribution focuses on state laws that apply to specific industries and services, including sales of equipment, motor vehicles, motor fuel, and agricultural products.

    “The handbook serves as a guide to the compliance issues and potential exposure that can arise when sellers charge different prices to different purchasers,” added Dolive. “A number of these state-level statutes arguably apply to mere offers to sell and may reach rebates, discounts, and incentive programs as well.”

    Lawson and Dolive practice in Burr & Forman’s Commercial Litigation section. They are frequent authors and speakers on price discrimination matters.

     



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