Distribution, Competition, and Antitrust / IP Law

Archives for September 2011

The Critical Importance of Geographic Market Definition

In a recent (and unpublished) decision by the California Court of Appeal for the First District, the court affirmed a summary judgment in favor of a gasoline refiner in a price-discrimination case brought pursuant to California’s Business and Professions Code.  The reason?  The plaintiff had not hired an expert, and did not have evidence to support her claim that her station competed with, and should have been charged the same as, similarly-branded stations located within five miles.

The opinion is hereEl Sineitti v. Conoco Phillips Co. (Aug. 24, 2011).

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