A Rare, Important Robinson-Patman Decision In 9th Circ.

Samuel R. Miller, Esq.

Samuel R. Miller serves as an Independent Arbitrator and Mediator in complex commercial and intellectual property litigation. In over 40 years of practice, Mr. Miller has represented both plaintiffs and defendants in a wide range of complex cases, including antitrust, unfair competition, intellectual property, fraud, securities and derivative litigation, escrow services and title insurance claims, real estate-related litigation, banking and financial services litigation, employment litigation, and contract disputes. Mr. Miller has considerable trial experience, including civil and criminal jury trials, bench trials, arbitrations, and administrative hearings.

It is rare to see a Robinson-Patman decision these days. However, on July 19, 2013, the Ninth Circuit issued an important Robinson-Patman decision in the case of Gorlick Distribution Centers LLC v. Car Sound Exhaust System Inc., Case No. 10-36083 (9th Cir. July 19, 2013). In this case, the Ninth Circuit affirmed summary judgment on behalf of the defendant (“Allied”), even where Allied admitted that it received preferential terms from the manufacturer of aftermarket auto parts. In so ruling, the Ninth Circuit enunciated principles that will make it even harder for plaintiffs to prevail on Robinson-Patman claims.

Read the full article here: A Rare Important Robinson-Patman Decision In 9th Circ. – Samuel Miller article