United States Third Circuit

In an antitrust action alleging that defendant-supplier violated federal law by selling its potato and egg products at lower, discriminatory prices to defendant-foodservice management company and that the foodservice management company knowingly induced the discriminatory pricing, summary judgment for defendants is reversed as: 1) the district court used the wrong standard in finding that plaintiff failed to show that it was in "actual competition" with defendant; 2) plaintiff proffered sufficient evidence to show the companies were in actual competition; and 3) the district court erroneously put the burden on plaintiff to show that defendant-supplier's discriminatory pricing caused plaintiff to lose sales to its competitor, rather than placing the burden on the supplier to rebut the inference of injury to competition that arises from proof of a substantial price discrimination between competing purchasers over time.

Appellate Information

• Argued 05/10/2007
• Decided 08/14/2007
• Published 08/14/2007

Judges

• Before: RENDELL, JORDAN and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jeffrey L. Kessler[ARGUED], Johns F. Collins, Eamon O'Kelly, Dewey Ballantine, New York, NY, Steven M. Williams, Cohen, Seglias, Pallas, Greenhall & Furman, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Brett L. Messinger, Duane Morris, Philadelphia, PA, Margaret M. Zwisler, Latham & Watkins, Washington, DC, for Appellee Michael Foods Inc., Matthew M. Haar, Saul Ewing, Harrisburg, PA, Christopher M. Sheehan, Martin F. Gaynor, III[ARGUED], Cooley, Manion & Jones, Boston, MA, for Appellee Sodexho Inc.