Robinson-Patman Act Case Based on Discriminatory Shipping Policies to Move Forward

Western District of Washing Judge Richard Jones dismissed the Sherman Act claims, but permitted a Robinson-Patman Act claim to go forward.  The plaintiff, Gorlick Distribution Centers alleged that defendant Allied Exhaust Systems agreed with supplier Car Sound Exhaust Systems to refuse to ship to Gorlick in the Pacific Northwest because of its price cutting activities.  The court found insufficient allegations of agreement to support a Sherman Act claim.  The court did, however, permit a claim that the discriminatory shipment policy constituted price discrimination under the Robinsons-Patman Act, because Allied’s complicity in Car Sound’s refusal to ship to Gorlick in the Pacific Northwest was not required to support that claim.

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