In a suit for unlawful price discrimination under the Robinson-Patman Act (RPA) against a food manufacturer and a food service management company, judgment in favor of plaintiff-food distributor is vacated with instruction for the district court to enter judgment as a matter of law for defendants as plaintiff cannot satisfy the competitive injury requirement of a prima facie case of price discrimination under section 2(a) of the RPA because the plaintiff and defendant were not competitors, and therefore, plaintiff cannot show it suffered competitive injury under RPA.
On Appeal from the United States District Court for the Middle District of Pennsylvania
Opinion Filed January 7, 2010
Opinion by Circuit Judge Smith
For Appellant: Jeffrey L. Kessler, Dewey & LeBoeuf
For Appellee: Robert T. Englert, Glen D. Nager