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Federal Trade Commission (FTC) Wholesale

Dechert LLP

Caffeinated Beverages Stimulate Renewed Interest in U.S. Price Discrimination Law—But Confirm the Availability of the Functional...

Dechert LLP on

The Ninth Circuit recently revived a portion of a price discrimination claim brought by wholesalers of the popular 5-Hour Energy drink against its manufacturer, which provided more favorable promotional terms to a mass...more

Cozen O'Connor

FTC Seeks Information to Study Causes and Impacts of Supply-Chain Disruptions

Cozen O'Connor on

The Federal Trade Commission (“FTC”) issued orders under Section 6(b) of the FTC Act to nine large retailers, wholesalers, and consumer good suppliers requiring them to provide information for a study examining recent...more

Mintz

Divergent Views on Vertical Mergers Apparent in FTC’s Staples Merger Consent

Mintz on

In the process of green-lighting a vertical merger with a firewall remedy, the current Federal Trade Commission (“FTC” or “Commission”) exposed a significant partisan divergence in the commissioners’ approach to vertical...more

Patterson Belknap Webb & Tyler LLP

Package Size Is Not a “Service” Under Section 2(e) of the Robinson-Patman Act, Says Seventh Circuit in Clorox

On August 12, the Seventh Circuit issued its decision in Woodman’s Food Market v. Clorox Co., an appeal that we have been watching closely. The Seventh Circuit’s ruling, which held that product package size is not a...more

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

Foley & Lardner LLP

Seventh Circuit Reverses Package Size Promotional Service Decision Under the Robinson-Patman Act

Foley & Lardner LLP on

On August 12, 2016, the Seventh Circuit reversed the district court decision allowing Woodman’s Food Market, Inc.’s (Woodman’s) price discrimination lawsuit against The Clorox Company and The Clorox Sales Company (Clorox) to...more

Patterson Belknap Webb & Tyler LLP

Turing, Daraprim, and Refusals to Deal with Generic Manufacturers

Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more

Faegre Drinker Biddle & Reath LLP

Amended Fred Meyer Guides Account for Rise of Online Business, Otherwise Remain Largely Unchanged

On November 10, 2014, the Federal Trade Commission's (FTC) first amendments in 20 years to the so-called Fred Meyer Guides will take effect. The Guides give direction to manufacturers, wholesalers and other suppliers seeking...more

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