Publications

When Do Competitive Bidding Assistance Programs Violate the Robinson-Patman Act?
On March 7, 2005, The U.S. Supreme Court granted a petition for a writ of certiorari in the case of Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., to review whether a truck manufacturer’s offering of unequal price concessions to dealers engaged in bidding on different resale contracts constituted unlawful price discrimination in violation of Section 2(a) of the Robinson-Patman Act. The Court will review an Eighth Circuit panel’s 2-1 ruling affirming a $4 million judgment against Volvo Trucks and in favor of Reeder-Simco GMC, a former Volvo dealer that alleged that Volvo’s discounting practices over time diverted business from it to favored competing dealers, causing it lost sales and profits.