The Sixth Circuit has heldthat the plaintiff’s failure to specifically plead facts of price discrimination was fatal to New Albany Tractor Inc.’s complaint against Louisville Tractor Inc. and Metalcraft of Mayville Inc. over mowing equipment. The Court cited the U.S. Supreme Court’s Twombly and Iqbaldecisions for the proposition that a plaintiff could not use the discovery process to obtain the […]
Category Archives: Robinson-Patman Act
Robinson-Patman Act Case Based on Discriminatory Shipping Policies to Move Forward
November 11, 2010 – 5:43 pm
Western District of Washing Judge Richard Jones dismissed the Sherman Act claims, but permitted a Robinson-Patman Act claim to go forward. The plaintiff, Gorlick Distribution Centers alleged that defendant Allied Exhaust Systems agreed with supplier Car Sound Exhaust Systems to refuse to ship to Gorlick in the Pacific Northwest because of its price cutting activities. […]
No Competition Found in the Food Services Giant’s Antitrust Suit
November 11, 2010 – 2:18 pm
Update October 2010: The Supreme Court has denied certiorari, allowing the 3rd Circuit’s decision to stand. In Feesers Inc. v. Michael Foods Inc. et al., Third Circuit ruled that Feesers Inc. and Sodexo Inc. were not competing purchasers under the federal law and therefore Feesers could not show that it suffered competitive injury under […]
Auto Parts Price Discrimination Case Dismissed
October 14, 2010 – 12:12 pm
Southern District of NY Judge Richard Howell has dismissed, without prejudice, a price discrimination case alleging that major auto-parts manufacturers discriminated in favor of large retailers, Wal-mart and Autozone. The court dismissed the complaint on the ground that the allegations that the large retailers retail prices were lower than the wholesale price paid by the […]
Price Discrimination Case Against Citgo to Move Forward
October 15, 2009 – 12:32 pm
In Stephenson Oil Co. et al. v. Citgo Petroleum Corp., Northern District of Oklahoma Judge Terence Kern has rejected a request by Citgo Petroleum Corp. to dismiss a putative class action brought by gasoline distributors alleging that the oil giant offered secret discounted rates to certain distributors. In their suit, Plaintiffs alleged that Citgo lured […]
Price Discrimination Case Against Snapple Dismissed
October 15, 2009 – 12:07 pm
In Camarda v. Snapple Distributors Inc., 2nd Circuit Court of Appeals has ruled that local drivers who distribute Snapple Beverage Corp. drinks failed to establish injury under the Robinson-Patman Act in price discrimination suits accusing Snapple of letting other distributors horn in on their territory and undersell them. According to the lawsuit, a local distributor paid […]
D.C. Circuit Remands Airline Antitrust Claims to DOT
August 20, 2009 – 2:34 pm
In Alaska Airlines Inc. et al. v. U.S. Department of Transportation, U.S. Circuit Court for the District of Columbia has ordered the U.S. Department of Transportation to reconsider antitrust allegations by Southwest Airlines Co., US Airways Group Inc. and other airlines that Los Angeles International Airport and the city of Los Angeles unfairly discriminated in hiking […]
Third Circuit Expedites Robinson-Patman Appeal, But Stays Injunction
July 15, 2009 – 2:01 pm
In Feesers Inc. v. Michael Foods Inc. et al., 3rd Circuit Court of Appeals, while expediting the appeal filed by Michael Foods Inc., stayed an injunction related to a contempt finding against Michael Foods, issued by the Middle District of Pennsylvania Judge Sylvia Rambo. The injunction and contempt finding stem from an order issued by Judge Rambo […]
Robinson-Patman Violation in Food Service Industry
May 2, 2009 – 2:46 pm
In Feesers Inc. v. Michael Foods Inc. et al., Middle District of Pennsylvania Judge Sylvia H. Rambo found that Michael Foods Inc., an egg and potato product supplier and Sodexo Inc., a food services giant, violated the Robinson-Patman Act by engaging in unlawful price discrimination, where Michael Foods was selling supplies to Sodexo at a lower price than to […]