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

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Conducted on Wednesday, March 10, 2010

Recorded event now available

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Course Materials

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.

Description

The Third U.S. Circuit Court of Appeals, in its recent decision in the closely watched Feesers v. Michael Foods, unanimously declined to broadly interpret "competing purchaser," minimizing the likelihood of Robinson-Patman Act claims arising from bidding situations.

The decision dramatically changes the scope of Robinson-Patman and has broad implication for companies that have distribution of goods and services.

To stay within the boundaries of the Act and avoid related antitrust liability, companies and their counsel must understand the Robinson-Patman requirements and prohibitions—and potential price discrimination traps.

Listen as our authoritative panel of antitrust attorneys examines the Feesers decision and its implications for providers of goods and services. The panel will discuss practical ways for companies and counsel to implement price discounting processes while avoiding antitrust liability.

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Outline

  1. Application of RP
    1. Industries
    2. Situations
    3. What are competing purchasers?
  2. Court treatment and implications
    1. Feesers v. Michael Foods (3d Cir. Jan. 7, 2010)
    2. Volvo Trucks North America v. Reeder-Simco (U.S. 2006)
    3. Toledo Mack Sales & Serv. v. Mack Trucks (3d Cir. 2008)
  3. Avoiding antitrust pitfalls in price discounting
    1. Defenses to price discrimination violation
    2. Proving competitive injury
    3. Proving damages
    4. Defensible price differences

Benefits

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?

Faculty

Robert A. Lipstein
Robert A. Lipstein
Partner
Crowell & Moring

He counsels and represents clients before the FTC and the Antitrust Division of the DOJ regarding mergers,...  |  Read More

Mark J. Botti
Mark J. Botti
Partner
Akin Gump Strauss Hauer & Feld

He focuses on antitrust matters. He has extensive experience involving the antitrust review of mergers and...  |  Read More

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