Allied Exhaust Prevails in Important Antitrust Matter Before the Ninth Circuit

The firm recently obtained what one commentator described as “a rare and important Robinson-Patman decision” in the Ninth Circuit Court of Appeals, affirming a federal district court summary judgment in favor of defendant Allied Exhaust Systems, Inc., represented by CHLE attorneys Tim Leyh, Randall Thomsen, and Katherine Kennedy.  The case involved claims by an Allied competitor, Gorlick Distribution Centers, LLC, alleging that Allied knowingly received discriminatory pricing in violation of the Robinson-Patman Act, and restrained trade through an unlawful agreement with a manufacturer in violation of Section I of the Sherman Act.  The Ninth Circuit affirmed the summary judgment dismissal of both claims, concluding: “We must return this capitalist rumble to the forum where it belongs: the market.”

The case is Gorlick Distribution Centers, LLC v. Car Sound Exhaust System, Inc. and Allied Exhaust Systems, Inc., a copy of the Ninth Circuit opinion is available through the Court’s website:  Read Opinion


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