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Wholesale Antitrust Litigation

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

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more

McDermott Will & Emery

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

Patterson Belknap Webb & Tyler LLP

Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers

Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case was brought by plaintiffs who allege that a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Oneok, Inc. v. Learjet, Inc.

On April 21, 2015, the United States Supreme Court decided Oneok, Inc. v. Learjet, Inc., No. 13-271, holding that state-law antitrust suits challenging retail rates for direct sales of natural gas are not field pre-empted by...more

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