United States Sixth Circuit

Under the Robinson-Patman Act, 15 USC 13(a), if distributor fails to prove that its two-tiered pricing was justified, evidence that retailer suffered lower sales alone is sufficient to show a "competitive injury" as a result of the pricing scheme.

Appellate Information

• Argued 01/25/2001
• Decided 01/16/2002
• Published 01/16/2002

Judges

• Before:  MARTIN, Chief Judge;  SUHRHEINRICH, Circuit Judge;  OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Harry C. Storm (argued and briefed), Abrams, West, Storm & Diamond, Bethesda, MD, for Plaintiffs-Appellants.


• For Appellees:
  
• William J. Brennan (briefed), A. Christopher Young (argued and briefed), James M. Brogan (briefed), Pepper Hamilton LLP, Philadelphia, PA, James N. Martin (briefed), Amy M. Johnston (briefed), Martin, Bacon & Martin, Mt. Clemens, MI, for Defendant-Appellee.