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Jones Day

European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

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Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

ArentFox Schiff

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

ArentFox Schiff on

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

Robins Kaplan LLP

Apple Inc. v. Pepper: A Case to Watch for Commissions-Based Retailers Selling Directly to Consumers

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In May, the U.S. Supreme Court issued a decision in Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019), holding that consumers of Apple’s App Store could bring suit against the tech giant for antitrust claims. ...more

Polsinelli

Loyalty-Discount Programs and the Antitrust Laws

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Loyalty discounts are price reductions by a supplier in return for a customer’s commitment to purchase a certain percentage of its requirements from the supplier. Sellers also sometimes discount their prices if a customer...more

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