News & Analysis as of

Manufacturers Bulk Purchasing

Kohrman Jackson & Krantz LLP

Creating a Do Not Sell List? Be Mindful of Antitrust Laws

In the ever-evolving landscape of ecommerce, businesses often face challenges maintaining control over distribution, preserving brand integrity and complying with antitrust laws. Two key aspects that arise in this context are...more

McDermott Will & Emery

[Webinar] Navigating President Trump’s Executive Order on US Bulk Power System Electric Equipment - May 21st, 1:30 pm - 2:00 pm...

McDermott Will & Emery on

McDermott continues to provide the latest market updates on the disruption and uncertainty in the energy industry. President Trump’s May 1, 2020, executive order prohibiting certain transactions involving bulk-power system...more

McDermott Will & Emery

THE LATEST: California Jury Rejects Robinson-Patman Act Claim Against 5-hour Energy Maker

McDermott Will & Emery on

Family-owned wholesalers brought a Robinson-Patman claim against the maker of 5-hour Energy alleging discounts given to Costco amounted to illegal price discrimination. A jury in California rejected the claim after a...more

Mintz - Health Care Viewpoints

FDA Invites Compounding Outsourcing Facilities' Comments to Understand Industry Challenges and Opportunities

On July 29, 2019, the Food and Drug Administration (FDA) published a notice to the Federal Register (84 Fed. Reg. 36609). The notice invites comments on information collected in connection with FDA research by obtaining...more

Holland & Knight LLP

FDA Issues Draft Guidance on Bulk Substances for Compounding by Outsourcing Facilities

Holland & Knight LLP on

On March 23, 2018, the U.S. Food and Drug Administration (FDA) released draft guidance regarding the process through which it proposes to evaluate bulk drug substances nominated for use in compounding by outsourcing...more

Holland & Knight LLP

Transloading Extends the Economics of Rail to More Customers

Holland & Knight LLP on

Companies that use bulk products as inputs to their manufacturing or processing business often look to rail service as a way to reduce their transportation costs. Yet, many are not located adjacent to rail lines and there is...more

Patterson Belknap Webb & Tyler LLP

Clorox Seeks Dismissal of Remaining Claims in Woodman’s Food Market Suit

In the latest development in Woodman’s Food Market v. Clorox—the saga between Clorox and Woodman’s that last year generated a landmark Robinson-Patman Act (RP Act) decision by the Seventh Circuit—Clorox is asking the district...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

On August 12, 2016, the Seventh Circuit decided Woodman’s Food Market, Inc. v. Clorox Co., No. 15-3001, and held that Clorox’s refusal to sell bulk-sized packages of certain products to some retailers, like Woodman’s, when it...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

Wilson Sonsini Goodrich & Rosati

Seventh Circuit Decrees That Package Size Alone Is Not Enough for a Robinson-Patman Claim

On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state...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

Robins Kaplan LLP

All Eyes on Woodman’s: Bulk Packaging as Promotional Services Under the RPA

Robins Kaplan LLP on

Manufacturers of goods and their attorneys are keeping close watch on the case developing between Woodman's Markets and Clorox. At issue is a manufacturer's ability to use large-packaged goods to work around the price...more

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