Antitrust Advisory: Supreme Court Adopts More Restrictive Application of Robinson-Patman Act
1/23/2006
Last week, the U.S. Supreme Court adopted a more restrictive test for buyers to prove injury to competition from price discrimination under the Robinson-Patman Act. In a majority opinion by Justice Ginsburg, the Court reversed the Eighth Circuit Court of Appeals in Volvo Trucks North America v. Reeder-Simco GMC, Inc. Notwithstanding news reports of a major restriction on the scope of the antitrust laws, this reversal had been expected by antitrust specialists. Nonetheless, the opinion appears to set forth a tougher requirement for demonstrating a violation of the Robinson-Patman Act.
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