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Antitrust Keyed to Areeda, 8th Ed.
Great Atlantic & Pacific Tea Co. v. Federal Trade Commission
Citation:
440 U.S. 69 (1979)Facts
In 1965, A&P sought to switch from brand-label milk to private-label milk to achieve cost savings. A&P asked Borden, its longtime supplier, to submit an offer for private-label milk. After negotiations, Borden offered terms that would save A&P approximately $410,000 annually. Dissatisfied, A&P solicited offers from other dairies, including Bowman Dairy, which submitted a lower bid. A&P then informed Borden that its bid was “not even in the ball park” and that a $50,000 improvement “would not be a drop in the bucket.” Borden, concerned about losing A&P’s business and underutilizing its new $5 million dairy facility, submitted a revised bid doubling the annual savings to $820,000. A&P accepted this bid, knowing it was substantially better than Bowman’s offer. The FTC subsequently charged A&P with violating §2(f) of the Robinson-Patman Act by knowingly inducing or receiving illegal price discriminations from Borden.
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