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Antitrust Litigation Competition Price Discrimination

BCLP

One More for the Road: FTC Files Price Discrimination Suit Against Beverage Company in Final Weeks of Biden Administration

BCLP on

This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more

A&O Shearman

FTC resuscitates long-abandoned price discrimination law in alcohol distributor suit

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In the waning days of the current administration, the antitrust agencies continue to cross items off their holiday wish list. Since the presidential election in November, the antitrust agencies have filed a new merger...more

McDermott Will & Emery

FTC Targets Price Discrimination With New Robinson-Patman Act Lawsuit

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On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more

Wilson Sonsini Goodrich & Rosati

Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more

McDermott Will & Emery

Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

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On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more

Skadden, Arps, Slate, Meagher & Flom LLP

Private Litigation and Government Rhetoric Signal Increased Legal Headaches Under the Robinson-Patman Act

After decades of dormancy, the Robinson-Patman Act (RPA), a Depression-era antitrust statute prohibiting price discrimination, has recently become the subject of renewed interest from both private plaintiffs and government...more

ArentFox Schiff

Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

ArentFox Schiff on

The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more

Hogan Lovells

FTC seeks to reinvigorate enforcement of Robinson-Patman Act

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The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...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

Jones Day

Antitrust Alert: Third Circuit Affirms Directed Verdict Following Rare Price Discrimination Trial

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Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete...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

Sheppard Mullin Richter & Hampton LLP

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

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