Price Discrimination in a Bid Market: Feesers v. Michael Foods
Avoiding Competitive Injury Risks Under Robinson-Patman
A special 60-minute briefing
Recording of a 60-minute CLE webinar with Q&A
This CLE course will discuss steps that companies and counsel should take to implement price discounting processes that avoid antitrust liability under the Robinson-Patman Act, particularly in light of the Third Circuit's game-changing decision in Feesers v. Michael Foods.
- Application of RP
- What are competing purchasers?
- Court treatment and implications
- Feesers v. Michael Foods (3d Cir. Jan. 7, 2010)
- Volvo Trucks North America v. Reeder-Simco (U.S. 2006)
- Toledo Mack Sales & Serv. v. Mack Trucks (3d Cir. 2008)
- Avoiding antitrust pitfalls in price discounting
- Defenses to price discrimination violation
- Proving competitive injury
- Proving damages
- Defensible price differences
The panel will review these and other key questions:
- What are the implications of the Feeser decision on the bid market process?
- When are companies considered "competing purchasers" for purposes of the Robinson-Patman Act?
- What practices can companies use to minimize antitrust violations in their price discounting practices?
Robert A. Lipstein
Crowell & Moring
He counsels and represents clients before the FTC and the Antitrust Division of the DOJ regarding mergers,... | Read More
He counsels and represents clients before the FTC and the Antitrust Division of the DOJ regarding mergers, acquisitions, joint ventures, competitor collaborations, and compliance with the Hart-Scott-Rodino Act. He has particular expertise on mergers and acquisitions, including pre-merger integration planning procedures and product distribution.Close
Mark J. Botti
Akin Gump Strauss Hauer & Feld
He focuses on antitrust matters. He has extensive experience involving the antitrust review of mergers and... | Read More
He focuses on antitrust matters. He has extensive experience involving the antitrust review of mergers and acquisitions. He served as Department of Justice Litigation I Section Chief and litigated complex antitrust claims, bringing monopolization cases, horizontal conspiracy suits and merger challenges.Close