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Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

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On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following one of very few Robinson-Patman Act (RPA) plaintiff-side jury verdicts in recent years.

The case, L.A. International Corporation v. Prestige Brands Holdings, Inc., centered around popular eye drops called Clear Eyes® (Clear Eyes) sold by Medtech Products Inc. (Medtech) to wholesalers. The plaintiffs – a group of regional wholesalers (Plaintiffs) who purchased Clear Eyes for resale to retailers – sued Medtech and its parent company, Prestige Consumer Healthcare Inc. (together, Medtech or Defendants), in the US District Court for the Central District of California in August 2018.

The Plaintiffs alleged the Defendants violated Sections 2(a) and 2(d) of the RPA by offering the two large wholesale membership clubs better…

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