Case Detail

Feesers, Inc. v. Michael Foods
On January 7, 2010, the U.S. Court of Appeals for the Third Circuit overturned a district court injunction that required a food manufacturer to offer an identical price to each of its clients nationwide. The district court had based the injunction on a finding that the manufacturer had engaged in price discrimination in violation of the Robinson-Patman Act (RPA); the appeals court held that no RPA violation occurred. The decision was a victory for WLF, which filed a brief urging reversal. The appeals court agreed with WLF that the lower court had misconstrued the RPA, a 1930s-era antitrust law designed to ensure competition in retail sales that could be harmed when large chain stores enter a market previously dominated by small retailers. WLF applauded the appeals court for placing the RPA in its proper modern-day context. The court explained that the RPA is intended to protect competition, not individual competitors, and should not be used to prevent sellers from decreasing prices.
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More Information and Downloads:
8/18/2009: Download the Brief

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