On Sept. 29, 2014, the U.S. Federal Trade Commission published revisions to its Guide for Advertising Allowances and Other Merchandising Payments and Services, commonly referred to as the "Fred Meyer Guidelines," effective Nov. 10, 2014. Fed. Reg. Vol. 79, No. 188 (Sept. 29, 2014).
The Fred Meyer Guidelines were first published in 1969 to help businesses comply with sections 2(d) and 2(e) of the Robinson-Patman Act, 15 U.S.C. § 13(d), which generally prohibit a seller from paying allowances or furnishing services to promote the resale of its products unless the allowances or services are offered to all competing customers on proportionally equal terms. Sections 2(d) and 2(e) relate to the resale of a firm's products, as opposed to section 2(a) of the Act, which relates to the original or first sale. The FTC made minor amendments to the Guidelines by, among other things, providing some additional guidance through revised examples of conduct regarding slotting allowances, making promotional services and allowances available to competing customers on proportionally equal terms, and taking reasonable steps to ensure that promotional services and facilities are functionally available to competing customers, particularly in the context of on-line commerce.
The notice published in the Federal Register, as well as the revised Fred Meyer Guidelines, are available here.
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