7th Circ. Agrees With FTC That Size Doesn't Matter

Law360, New York (September 27, 2016, 5:21 PM EDT) -- Agreeing with the position of the Federal Trade Commission, the Seventh Circuit Court of Appeals recently reversed the first federal district court decision to allow a claim for violating the prohibition of Section 2(e) of the Robinson-Patman Act against discrimination in the provision of promotional services to customers based on discrimination with respect to package size. The district court had denied a motion to dismiss a complaint filed against Clorox by Woodman's Food Market Inc., a regional chain of 15 grocery stores, alleging that Clorox violated Section 2(e) by refusing to sell Woodman's the same large packs of products that Clorox sold to certain "big box" stores.[1]...

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