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
Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet &...more
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
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
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