Federal Courts Law Review

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FEDERAL COURTS LAW REVIEW -- 2002 Fed. Cts. L. Rev. 1

The Myth of "Functional Availability" and the Robinson-Patman Act

By James A. Pikl


This article traces the economic and political bases for the Robinson-Patman Act. It then discusses case law interpreting the Act. It goes on to address, in its main argument, the recent doctrine of "functional availability." The article discusses how this doctrine is contrary to Supreme Court precedent, rewrites the text of the Act, and will eviscerate the functioning of the Act if applied as stated by the Fifth Circuit. The Article ends with an appeal to the Supreme Court to accept cases for review that embrace the functional availability doctrine, and to overturn them.

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