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Texaco, Inc. Vs. Hasbrouck

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  • US Supreme Court
  • Jun 14, 1990

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  1. Standard Oil Co. Vs. Ftc US Supreme Court · Jan 08, 1951
  2. U.S. 543 (1990) U.S. Supreme Court Texaco, Inc. v. Hasbrouck
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  3. U.S. 543 (1990) Texaco, Inc. v. Hasbrouck
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  4. a) by charging different prices is rejected in light of this Court's holding in FTC v. Anheuser-Busch
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  5. functions does not violate the Act. Thus, such a discount raises no inference of injury to competition under FTC v. Morton
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  6. or the wholesaler's costs. This conclusion is consistent with Federal Trade Commission (FTC) practice, with Perkins v. Standard
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  7. provided a sufficient basis for an acceptable estimate of the amount of damages. Cf., e.g., J. Truett Payne Co. v. Chrysler
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  8. the difference between the RTW price and the price paid by Dompier. As we subsequently decided in J. Truett Payne Co. v. Chrysler
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  9. the Court of Appeals for the Ninth Circuit remanded the case for Page 496 U. S. 552 a new trial. Hasbrouck v. Texaco
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  10. Perkins v. Standard
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  11. Falls City Indus., Inc. v. Vanco
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  12. and those that represent a good faith response to the equally low prices of a competitor. Standard Oil Co. v. FTC
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  13. this excerpt from the legislative history, and have refused to draw from it the conclusion which Texaco proposes. FTC v. Anheuser-Busch
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  14. FTC v. Morton
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  15. Falls City Industries, Inc. v. Vanco
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  16. Page 496 U. S. 565 Cf. FLM Collision Parts, Inc. v. Ford
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  17. basis for liability under the Act, the fact pattern here reflects conduct similar to that which gave rise to Perkins v. Standard
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  18. make some showing of actual injury attributable to something the antitrust laws were designed to prevent. Perkins v. Standard
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  19. J. Truett Payne v. Chrysler
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  20. Id. at 451 U. S. 565 . See also Zenith Radio Corp. v. Hazeltine
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  21. Bigelow v. RKO
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  22. has not contested here the proposition that branded gas and unbranded gas are of like grade and quality. See FTC v. Borden
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  23. Brief for United States et al. as Amici Curiae 16, 6 (filed Aug. 3, 1989). Cf. Boise Cascade Corp. v. FTC
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  24. shown to be attributable to other causes, that defendants' wrongful acts had caused damage to the plaintiffs.' Bigelow v. RKO
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  25. at 327 U. S. 264 . See also Eastman Kodak Co v Southern
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  26. Story Parchment Co. v. Paterson
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  27. Zenith Radio Corp v. Hazeltine
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  28. urging a blanket exemption for all functional discounts is rejected by the Court on the ground stated in FTC v. Anheuser
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  29. for actual marketing functions not only does not trigger the presumption of an injury to competition, see FTC v. Morton
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  30. the difficulty. Under the construction of the Act that the FTC was then espousing and applying, see Standard Oil Co. v. FTC
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  31. Reply Brief for Petitioner in FTC v. Standard
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  32. here qualify as a defense to a charge of price discrimination. We need do no more than the Court did in Perkins v. Standard
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  33. distribution is not discrimination in price. As the Court correctly concludes, that cannot be so. As long ago as FTC v. Morton
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  34. injury, thus destroying an element of the plaintiff's prima facie case, see Falls City Industries, Inc. v. Vanco
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  35. U.S. Supreme Court Texaco, Inc. v. Hasbrouck
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  36. FTC v. Anheuser-Busch
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  37. J. Truett Payne Co. v. Chrysler
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  38. Hasbrouck v. Texaco
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  39. Falls City Industries, Inc. v. Vanco
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  40. Cf. FLM Collision Parts, Inc. v. Ford
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  41. See FTC v. Borden
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  42. Cf. Boise Cascade Corp. v. FTC
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  43. Eastman Kodak Co v. Southern
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  44. FTC v. Anheuser
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  45. FTC v. Standard
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