District Of New Jersey Denies Summary Judgment On Robinson-Patman Rebates Claims
On April 1, 2019, Judge William J. Martini of the United States District Court for the District of New Jersey denied defendants’ motion for summary judgment in a Robinson-Patman Act suit. Marjam Supply Co. v. Firestone Building Products Co. LLC, et al., Case No. 2:11-cv-07119 (D.N.J. 2019). The Court found that plaintiff raised triable issues of fact regarding defendants’ selective offering of rebates, discounts, and other financing programs under the Robinson-Patman Act’s price discrimination provisions.
District Of New Jersey Denies Building Materials Manufacturer’s Motion For Summary Judgment In Alleged Price Discrimination Lawsuit
On April 1, 2019, Judge William J. Martini of the United States District Court for the District of New Jersey denied Firestone Building Products Company LLC’s motion for summary judgment on price discrimination claims brought by a building materials distributor. Marjam Supply Co. v. Firestone Bldg. Prod. Co., LLC, No. 2:11-cv-7119, 2019 WL 1451105 (D.N.J. Apr. 2, 2019). Plaintiff alleged that defendant, a manufacturer of building materials, offered its roofing products to several of plaintiff’s competitors (“Favored Distributors”) at terms more favorable than those offered to plaintiff through a variety of non-uniform rebate, discount and financing programs in violation of Sections 2(a) and 2(d) of the Robinson-Patman Act. Plaintiff claimed that due to the disparate terms offered by the manufacturer, Favored Distributors were able to offer the manufacturer’s products to plaintiff’s major customers at lower prices than plaintiff and that it lost significant business as a result.