Monday, March 4, 2013
Posted by D. Daniel Sokol
Barbara O. Bruckmann (Baker Botts) describes Volvo Seven Years Later: Williams v. Duke Energy International, Inc.
ABSTRACT: The U.S. Supreme Court has had immense influence on the development of antitrust law in the lower courts, as seen most recently in their response to the Court’s decisions in Bell Atlantic Corp. v. Twombly, Verizon Communications, Inc. v. Trinko, and Leegin Creative Leather Products, Inc. v. PSKS, Inc. That cannot be said of its decision in Volvo Trucks North America, Inc. v. ReederSimco GMC, Inc. —its most recent opinion construing the Robinson-Patman Act, the principal federal antitrust statute addressing pricing discrimination. In the seven years since its issuance, Volvo has had only a marginal impact on the development of RP law. This remarkable phenomenon was illustrated again by the Sixth Circuit’s 2012 decision in Williams v. Duke Energy International, Inc.