Robinson-Patman Act decisions are rare. This often is because legitimate complaints against a supplier providing favorable pricing to a complaining customer’s competitors either are settled out of court or prior to a decision on the merits. So it is of interest when a price discrimination suit that was dismissed after a bench trial reaches and is affirmed by a court of appeals. This happened in July when the Third Circuit affirmed such a decision, ending a saga that could be entitled “The Empty Chair." [1] Background The appeal in Spartan Concrete Prods. v. Argos USVI Corp. stemmed from a dispute over the sale of ready-mix concrete in St. Thomas. Spartan Concrete, which operated in St. Croix, arrived to compete with Heavy Materials, the only other provider of ready-mix concrete on St.
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The US Court of Appeals for the Third Circuit affirms a bench trial’s decision in a rare price discrimination suit (Spartan Concrete Products / Argos USVI)
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