News & Analysis as of

Price Discrimination Antitrust Violations Antitrust Litigation

Lathrop GPM

Massachusetts Federal Court Concludes Incentive Program and Secondary Market Allegations Fail to State Price Discrimination Claim

Lathrop GPM on

A federal court in Massachusetts recently dismissed holistic wellness centers’ price discrimination suit against the manufacturer of body sculpting devices initiated after Plaintiffs withdrew from the manufacturer’s...more

Lathrop GPM

California Federal Court Rejects Price Discrimination Case Alleging Costco Received Better Prices and Promotional Terms on 5-hour...

Lathrop GPM on

A federal court in California recently rejected federal and state antitrust price discrimination claims brought by several wholesalers of 5-hour Energy drinks, finding that the plaintiffs failed to demonstrate competitive...more

Lathrop GPM

Illinois Federal Court Dismisses Price Discrimination Claims for Failure to Plead Relevant Geographic Market

Lathrop GPM on

A federal court in Illinois granted Juul Labs, Inc. and HS Wholesale, Ltd.’s motion to dismiss Power Buying Dealers USA, Inc.’s claims of price discrimination. Power Buying Dealers USA, Inc. v. Juul Labs, Inc., 2025 WL...more

A&O Shearman

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

A&O Shearman on

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

Cadwalader, Wickersham & Taft LLP

The Robinson-Patman Act: Public Enforcement Rejoins the Private Bar

Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more

Vinson & Elkins LLP

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

Vinson & Elkins LLP on

On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Perkins Coie

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

Perkins Coie on

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

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