News & Analysis as of

Motion to Dismiss Robinson-Patman Act

Foley & Lardner LLP

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

Foley & Lardner LLP on

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...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

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

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