Join Steve Pet, an Antitrust Associate from Gibson, Dunn & Crutcher LLP, and Brandon Nutter, Co-founder and CTO of Ampd, as they unpack the Robinson-Patman Act's impact on brands and online advertising. They discuss how outdated policies hinder direct consumer engagement and explore what compliance looks like in today’s digital marketplace. With insights on the intersection of law and innovative technology, they highlight how Ampd's platform revolutionizes promotional strategies while navigating complex advertising regulations. Tune in for a thought-provoking conversation!
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RPA's Impact on Online Promotions
The Robinson-Patman Act (RPA) aims to ensure fair and justifiable pricing across retailers, protecting smaller ones from larger competitors.
However, it complicates online promotional execution by requiring equal offers, which can frustrate brands and hinder sales.
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RPA Promotional Equality Clarified
Sections 2D and 2E of the RPA require promotions be made available on proportionally equal terms, not identical ones.
Brands can offer reasonable alternative promotions if some retailers lack technical means, offering flexibility in compliance.
insights INSIGHT
Recent FTC Activity on RPA
The FTC had essentially ignored RPA enforcement until recently, with no cases since 1988 under sections 2D and 2E.
The new administration renewed interest, but actual enforcement remains limited, setting a high bar for harm to competition.
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The CPG Guys are joined in this episode by Brandon Nutter, co Founder and CTO of Ampd, which connects Google Ads directly to the world’s largest marketplaces like Amazon and turn incremental revenue all the way up, and Steve Pet, Antitrust Associate at Gibson, Dunn & Crutcher LLP.
What is the RPA policy and why does it hold brands back in your observation? Is it a ‘where to buy’ challenge?
We’d love to learn how RPA came about and how often do you encounter it in the law practice? Is it a big deal or not? Have you seen it enforced?
We have a new administration and it’s clear they are moving aggressively on removing business barriers. What are you guys anticipating?
In your observation, what do CPG brands do today to stay compliant? Does this compliance then destroy ‘where to buy’ as an intent to help the consumer know promotional offers?
Let’s stay on the theme of where to buy. What is it then ideal for and what is it not ideal for? Can I have both of you respond to that – Steve you first?
Any case studies recently that you can share from personal experiences?
Since this is a misunderstood topic, how is Ampd’s platform help in this space? Why should a brand invest with you to overcome this challenge? What is then the advantage of sending closed loop traffic directly to retailers? Is first party data then lost as only retail will have it?
How can a brand be RPA compliant? What is your outlook and closing advice on this topic?
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