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Fred Meyer Guides Clorox

Sheppard Mullin Richter & Hampton LLP

Refusal to Sell Bulk-Size Packs, Without More, Is Not Price Discrimination – “Size is Not a Service”

Woodman’s Food Market, Inc. v. Clorox Co., No. 15-3001 (7th Cir. August 12, 2016). Clorox Sales Company and Clorox Company produce a range of consumer goods. Clorox sold goods to Plaintiff Woodman’s Food Market, a...more

K&L Gates LLP

7th Circuit Not Convinced That Bulk Packaging Constitutes a Promotional Service Under The Robinson-Patman Act

K&L Gates LLP on

The Robinson-Patman Act (the “RPA” or the “Act”) is designed to ensure fair competition among purchasers. The Act separately addresses different forms of unlawful discrimination between competing purchasers — section 2(a)...more

McGuireWoods LLP

October Antitrust Bulletin

McGuireWoods LLP on

On September 8, the U.S. Court of Appeals for the Seventh Circuit granted a motion filed by household products manufacturer Clorox for interlocutory appeal of two decisions by the U.S. District Court for the Western District...more

McGuireWoods LLP

June Antitrust Bulletin

McGuireWoods LLP on

Two recent decisions by the U.S. District Court for the Western District of Wisconsin reached back decades for precedent to allow a novel price discrimination suit under the Robinson-Patman Act to proceed. Woodman’s Food...more

Sheppard Mullin Richter & Hampton LLP

Revised “Fred Meyer Guides” Leave Treatment of Key Robinson-Patman Act Provisions Unchanged

While hardly ever enforced in modern times by government enforcement agencies, and rarely the subject of antitrust treble damage actions, Sections 2(d) and (e) of the Robinson Patman Act (15 U.S.C. §§ 13(d) and (e)) have had...more

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