Giving Robinson-Patman New Life In The 6th Circ.

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Originally published in Law360, New York (July 06, 2012, 12:44 PM ET)

In Williams v. Duke Energy International Inc., No. 10-3604 (6th Cir. June 4, 2012), the U.S. Court of Appeals for the Sixth Circuit rejected a Rule 12(b)(6) challenge to a Robinson-Patman claim against Duke Energy for discriminatory pricing of retail electricity.

The Robinson-Patman claim was based upon substantial side rebates Duke Energy gave to certain large customers, including General Motors Co., which were not given to Ohio retail customers such as the plaintiffs. The Sixth Circuit rejected Duke Energy’s various substantive attacks on the Robinson-Patman claim raised in its Fed. R. Civ. P. 12(b)(6) motion to dismiss.

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