A Rare, Important Robinson-Patman Decision In 9th Circuit

November 30, 2018 | Samuel R. Miller

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.

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