Jury To Decide If 5-Hour Energy Illegally Favored Costco

Law360, Los Angeles (October 18, 2019, 8:39 PM EDT) -- The maker of 5-Hour Energy illegally price-discriminated against family-owned wholesalers when it offered Costco the energy “shots” at a lower cost, the wholesalers’ attorney told a California federal jury Friday during closing arguments in an antitrust trial.

On the 11th day of trial in a suit that alleges energy drink maker Living Essentials LLC violated federal law for years by giving Costco rebates and a discount on the list price it charges the chain's California wholesaler rivals for 5-Hour Energy, Mark Poe, the wholesalers' attorney, told the jury Living Essentials’ actions had a huge impact on his clients.

The wholesalers have...

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