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Living Essentials asks US Supreme Court to review price-discrimination case over Five-Hour Energy

( April 5, 2024, 22:31 GMT | Official Statement) -- MLex Summary: Living Essentials and Innovation Ventures asked the US Supreme Court to review their price-discrimination case against them regarding the energy drink Five-Hour Energy. “In a sharply divided opinion, which departs from the holdings of other circuits and invites litigation that will punish the price competition that antitrust law aims to encourage, the Ninth Circuit held that Living Essentials could be enjoined from discounting its prices in selling its popular energy shots, 5HE. The court should review that decision because it departs from the holdings of other circuits on a fundamental question of antitrust law: whether price discounts that enhance consumer welfare may be held illegal under the [Robinson-Patman Act] solely to protect the interests of a putatively disfavored purchaser,” they said. See document below. ...

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