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Robinson-Patman Act Retailers

K&L Gates LLP

Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman...

K&L Gates LLP on

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet &...more

Sheppard Mullin Richter & Hampton LLP

A Blast from the Past: FTC Bringing Back Enforcement of Robinson-Patman Act

According to people with knowledge of the matter, the Federal Trade Commission is conducting a preliminary investigation of Coca-Cola and PepsiCo to determine whether their pricing practices in the soft drink market segment...more

ArentFox Schiff

5-Hour Energy Drink Maker Allowed to Charge Higher Prices to Costco’s Competitors

ArentFox Schiff on

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals....more

BCLP

Price Discrimination Update: Living Essentials Jury Verdict

BCLP on

On October 21, 2019, a jury empaneled by the United States District Court for the Central District of California found that the makers of 5-Hour Energy “shots” did not violate the Robinson-Patman Act (“RPA”) by providing more...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

McDermott Will & Emery

Local Wholesaler-Retailer Dispute Has Federal Implications

McDermott Will & Emery on

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

Dechert LLP

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

Dechert LLP on

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

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