Feesers Failed To Show Competitive Injury: 3rd Circ.

By Pete Brush

Law360, New York (January 07, 2010, 7:24 PM ET) -- Feesers Inc. and food services giant Sodexo Inc. were not competing purchasers under federal law, the U.S. Court of Appeals for the Third Circuit ruled Thursday, reversing a win for the regional food distributor in an antitrust case targeting Sodexo and egg and potato wholesaler Michael Foods Inc.

The Third Circuit ruled that Pennsylvania-based Feesers could not show that it and Sodexo were competing purchasers and therefore could not show that it suffered competitive injury under the Robinson-Patman Act.

The opinion instructed the U.S. District Court...
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