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Robinson-Patman Act

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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U.S. Wholesale Outlet & Distribution, Inc. v. Innovation Ventures, LLC (9th Cir. 2023) 89 F.4th 1126

In this case, independent wholesalers of 5-Hour Energy sued the caffeinated drinks manufacturer for selling the product to Costco at lower price than it charged the independents.  The manufacturer also reimbursed Costco for its promoting the product every other month or so by offering it to Costco members at a reduced rate.  The district court did not abuse its discretion… Read More