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Stacy A. Alexejun, Rachel A. Graham, Donald K. Schott mentioned in article “Clorox Says 7th Circ. Must Decide Grocer’s Bulk Price Claim”

Law360

Below is an excerpt:

The Clorox Co. urged a Wisconsin federal judge Thursday to allow its immediate appeal of his refusal to dismiss Woodman's Food Market Inc.'s price discrimination claims in its suit alleging Clorox refuses to sell it bulk-size products, arguing the appeal won't affect Woodman's remaining antitrust claim.

In February, U.S. District Judge Stephen L. Crocker ruled that Federal Trade Commission guidelines prevent Clorox from selling bulk packs only to retailers such as Sam’s Club Inc. and Costco Wholesale Corp. and requiring plaintiff Woodman’s Food Market Inc. to purchase standard-sized products that likely cost more per unit, and denied Clorox's bid to dismiss Woodman's claim under the Robinson-Patman anti-price discrimination law.

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