Feesers, Inc. v. Michael Foods
- Case Date: 8/18/2009
- Project Name: Civil Justice Reform
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.
More Information and Downloads:
8/18/2009: Download the Brief
Litigation Update: Court Overturns Injunction Issued in Price Discrimination Suit