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Article: 6th Circuit Breathes New Life Into R-P Act Case Against Cigarette Maker.(Robinson-Patman Act)
- Article from:
- Mondaq Business Briefing
- Article date:
- June 28, 2004
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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On January 15, the U.S. Court of Appeals for the 6th Circuit cleared the way for owners and operators of cigarette vending machines to pursue Robinson-Patman Act claims against a cigarette manufacturer that excluded them from certain promotional programs offered to convenience stores, mini-marts and gas stations. Lewis v. Philip Morris Inc., 355 F.3d 515 (2004). The challenged promotional programs included manufacturer's reimbursements of discounts passed on to consumers, replenishments of packs given freely to consumers, and gifts for the stores to give consumers. In reversing the trial court's dismissal of all claims, a majority of the threejudge panel, in different and ...