Image
Adult and child selecting a beverage from a store shelf - PROMO HIRES Food - Kiwis - iStock-1277932994

Wanna help the little guy? South Dakota grocery owner says make use of old law

© Kiwis - iStock-1277932994

Mike Moen
(Greater Dakota News Service)

Click play to listen to this article.

Audio file

The latest trade war under the Trump administration is stirring debate about whether tariffs are effective, and a South Dakota business is arguing a 1936 antitrust law should be embraced to boost the fortunes of smaller domestic companies.

The White House has said its aggressive approach with tariffs could lead to more American manufacturing and production. Still, skeptics countered it would take too long, forcing businesses and financial markets to grapple with uncertainty for now.

RF Buche runs six grocery stores in South Dakota and feels the long-standing Robinson-Patman Act is not getting enough attention. The little-used law prohibits charging lower prices when companies buy products in bulk.

Image
PROMO Business - Small Chamber Commerce Words Community - iStock - marekuliasz

© iStock - marekuliasz

"When my wholesaler's truck backs up to General Mills and Walmart backs up to General Mills and both are getting a truckload of 18-ounce Cheerios, the price is not the same," Buche pointed out.

He suggested larger retailers often get a bigger price break, while he has to charge his customers more money for the same item. During the final days of the Biden administration, the Federal Trade Commission moved to revive the law in some cases. But the FTC's ideological balance has shifted to a Republican majority, leaving questions about whether this law will sit dormant again.

Some think tanks feel the law is redundant in the current regulatory landscape and could actually harm small businesses and their customers if widely enforced. But Buche emphasized businesses like his have little advantage, noting some of his stores are situated near the poorest Native American communities in the country.

"My customers, they don't have the transportation to get to a Walmart, so why are my customers forced to pay 20 percent to 50 percent more for their groceries? It's not fair," Buche stressed.

Policy experts have said the Robinson-Patman Act became weaker around the 1970s when lobbyists convinced lawmakers it was hurting competition. But backers of reviving it consistently said there have been too many corporate mergers since then and fairer prices for smaller chains could give customers more choices.