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Five-Hour Energy maker wins against US price-discrimination claims on remand

( May 28, 2025, 22:31 GMT | Official Statement) -- MLex Summary: US District Judge Consuelo B. Marshall ruled on remand that plaintiffs have failed to show antitrust injury from price-discrimination regarding the sale of the energy drink Five-Hour Energy by Living Essentials and Innovation Ventures. “Plaintiffs have not met their burden by simply arguing that the ‘depriv[ation] of hundreds of thousands of dollars in promotional payments’—i.e., the discrimination itself—is sufficient to show antitrust injury,” Marshall said.See attached files....

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