Robinson-Patman Act

News & Analysis as of

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

September Antitrust Bulletin

HSR Act Violation Costs Caledonia Investments $480,000 - On August 10, 2016, a London-based investment trust company, Caledonia Investments plc, agreed to pay $480,000 in civil penalties to settle Federal Trade...more

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

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

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

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

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

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

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

Soda bottler has bitter taste from alleged Pepsi price-fixing

A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more

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

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

Seventh Circuit Hears Argument in Clorox Appeal

This week, the Seventh Circuit heard argument in the Woodman’s Food Market v. Clorox Co. appeal. As members of our team have previously reported, this case concerns whether a plaintiff can state a claim under Section 2(e) of...more

February Antitrust Bulletin

“Comprehensive and Innovative” Antitrust Compliance Policy Results in Reduced Fine - On November 2, 2015, the U.S. District Court for the Southern District of Ohio entered judgment against Kayaba Industry Co., Ltd....more

Morton Salt Presumption Of Injury Under Robinson-Patman Act

Plaintiffs and appellants, the disfavored purchasers in a Robinson-Patman Act case, were twenty-eight retail pharmacies who alleged that the pharmaceutical manufacturer defendants had charged them higher prices than those...more

Second Circuit tells pharmacies the antitrust claims they cooked up need more than a little Morton Salt

Cash & Henderson Drugs, Inc. v. Johnson & Johnson, recently decided by the Second Circuit, concerns Robinson-Patman Act claims that retail pharmacies brought against pharmaceutical manufacturers. The retail pharmacies alleged...more

FTC Rebukes Its Prior Robinson-Patman Rulings in Clorox Amicus Brief

Last week the Federal Trade Commission, in an amicus brief before the Seventh Circuit in Woodman’s Food Market, Inc. v. Clorox Co., rejected two decades-old FTC decisions applying Section 2(e) of the Robinson-Patman Act....more

October Antitrust Bulletin

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

Discriminating Tastes: Court Puts Long-running Robinson-Patman Act Case To Rest

Described as the Rodney Dangerfield of the antitrust laws, the Robinson-Patman Act—which prohibits anticompetitive price discrimination—gets no respect. The Justice Department and the Federal Trade Commission unapologetically...more

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

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

AlarMax’s Robinson-Patman Claims Against Honeywell Survive

AlarMax Distributors Inc. may pursue price discrimination claims under the Robinson-Patman Act (RPA) against Honeywell International Inc., a federal judge in Pennsylvania ruled last week. Fire and security product distributor...more

June Antitrust Bulletin

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

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

Court Allows Price Discrimination Lawsuit Over Bulk Sales to Survive

On February 2, 2015, a federal judge denied a motion to dismiss a claim that Clorox’s proposed policy of providing only large bulk-size packages of products to warehouse clubs, like Sam’s Club and Costco, and not to competing...more

Best in Law: What Businesses Need to Know on Antitrust Law

There is a saying among antitrust lawyers: Don’t say you “won” an antitrust lawsuit — just by being in one means you lost. Business litigation is almost always expensive and challenging. Antitrust litigation can be several...more

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

Local Wholesaler-Retailer Dispute Has Federal Implications

On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern...more

Promotional Allowances in a New Retail Environment: FTC Revises its Fred Meyer Guides

The Commission revised its guidelines for interpreting and complying with the Robinson-Patman Act to account for changes in technology and methods of marketing that have taken place since the last revision in 1990, including...more

32 Results
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.