Woodman's Food v. Clorox: Does Package Size Constitute a Promotional Service Under the Robinson-Patman Act?
The Woodman's Food Market v. Clorox litigation has drawn enormous attention. The district court's interpretation of the Robinson-Patman Act calls into question not only manufacturers' ability to offer different package sizes of their products to different outlets, but also the long-established Colgate doctrine that sellers may choose with whom they do business. The case is now on appeal in the U.S. Circuit Court of Appeals for the Seventh Circuit. The Federal Trade Commission has filed an amicus brief urging reversal and advocating a narrow view of Section 2(e) of the Robinson-Patman Act.
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