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Manufacturers › Robinson-Patman Act › Wholesale

A&O Shearman

Maker Of 5-hour ENERGY® Falls Short On Robinson-Patman Act Claims Again

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On May 28, 2025, the United States District Court for the Central District of California held that plaintiffs failed to prove that they incurred an antitrust injury flowing from the differential promotional allowances...more

BakerHostetler

Robinson-Patman Revival or Lame Duck Hail Mary? FTC Brings First Price Discrimination Case in Decades

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On December 12, 2024, the Federal Trade Commission (FTC) filed its first Robinson-Patman Act case in more than 20 years, just as the White House is set to change parties and the balance of power on the FTC will swing...more

McDermott Will & Schulte

THE LATEST: California Jury Rejects Robinson-Patman Act Claim Against 5-hour Energy Maker

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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

ArentFox Schiff

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

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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

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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

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

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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

Sheppard Mullin Richter & Hampton LLP

Refusal to Sell Bulk-Size Packs, Without More, Is Not Price Discrimination – “Size is Not a Service”

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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

Foley & Lardner LLP

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

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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

Faegre Drinker Biddle & Reath LLP

Amended Fred Meyer Guides Account for Rise of Online Business, Otherwise Remain Largely Unchanged

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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

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