SAFEWAY STORES, INC.,
v.
VANCE, TRUSTEE IN BANKRUPTCY
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A private action for treble damages may lie under § 4 of the Clayton Act for violations of § 3 of the Robinson-Patman Act, specifically regarding price discrimination.
Plaintiff alleged sales at unreasonably low prices and price discriminations in violation of the Robinson-Patman Act. The Court of Appeals held a priv…
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Mr. Justice Harlan delivered the opinion of the Court.
This is a companion case to No. 67, Nashville Milk Co. v. Carnation Co., decided today, ante, p. 373. In the present case the Court of Appeals has held that a private action for treble damages* does lie under § 4 of the Clayton Act for violation of § 3 of the Robinson-Patman Act. 239 F. 2d 144. Because of the conflict with the decision of the Court of Appeals for the Seventh Circuit in the Nashville Milk Co. case, 238 F. 2d 86, we granted certiorari. 352 U. S. 1023.
The complaint in this case alleges both sales “at unreasonably low prices” and price discriminations in violation of § 3 of the Robinson-Patman Act. For the reasons set forth in our Nashville Milk Co. opinion, ante, p. 373, we hold that the complaint should have been dismissed insofar as it rests on alleged unlawful selling at unreasonably low prices, and that the respondent was entitled to a trial as to the charges of unlawful price discrimination. Accordingly, the judgment of the Court of Appeals is vacated, and the case is remanded to the District Court for further proceedings consistent with this opinion.
It is so ordered.
[For dissenting opinion of Mr. Justice Douglas, joined by The Chief Justice, Mr. Justice Black and Mr. Justice Brennan, see ante, p. 383.]
*
The complaint does not ask for injunctive relief under § 16 of the Clayton Act.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Janich Bros., Inc. v. The Am. Distilling Co., 570 F.2d 848 (9th Cir. 1977)…itly deals with geographical price discrimination. A private cause of action, however, will not lie for violations of this section. Nashville Milk Co. v. Carnation Co., 355 U.S. 373, 78 S.Ct. 352, 2 L.Ed.2d 340 (1958); Safeway Stores, Inc. v. Vance, 355 U.S. 389, 78 S.Ct. 358, 2 L.Ed.2d 350 (1958). . If this approach is used by the trial court, it should be remembered that the intent which may be inferred from conduct will depend upon the circumstances in which the conduct occurs. For example, the same agg…
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Atlas Bldg. Prods. Co. v. Diamond Block & Gravel Co., 269 F.2d 950 (10th Cir. 1959)…only under Section 3 of the Robinson-Patman Act, for which a private cause of action under Section 4 admittedly does not lie. And see Nashville Milk Co. v. Carnation Co., 355 U.S. 373, 78 S.Ct. 352, 2 L.Ed.2d 340; and Safeway Stores, Inc. v. Vance, 355 U.S. 389, 78 S.Ct. 358, 2 L.Ed.2d 350. In the first place, there is nothing in the statute to indicate that its prohibitions are restricted to price discriminations between competing purchasers in the same area. The statute is not couched in terms of locali…
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Englander Motors, Inc. v. Ford Motor Co., 293 F.2d 802 (6th Cir. 1961)…y afforded by Section 4 of the Clayton Act cannot, therefore, be based on violations of Section 3 of the Robinson-Patman Act. Nashville Milk Co. v. Carnation Co., 1958, 355 U.S. 373, 78 S. Ct. 352, 2 L.Ed.2d 340; Safeway Stores, Inc. v. Vance, 1958, 355 U.S. 389, 78 S.Ct. 358, 2 L.Ed.2d 350; Ludwig v. American Greetings Corp., 6 Cir., 1959, 264 F. 2d 286. There remains only the question whether plaintiff’s cause of action under Section 4 of the Clayton Act for violation of Section 2(a) of the Robinson-Patm…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nashville Milk Co. v. Carnation Co., 238 F.2d 86 (7th Cir. 1956)
- Achilli v. United States, 352 U.S. 1023 (U.S. 1957)
- Trop v. Dulles, 352 U.S. 1023 (U.S. 1957)
- Harry v. Vance in Bankruptcy for Frank Melvin Thompson, 239 F.2d 144 (10th Cir. 1956)