ALLEN PEN COMPANY, INC., PLAINTIFF, APPELLANT, v. SPRINGFIELD PHOTO MOUNT COMPANY, INC., DEFENDANT, APPELLEE., 653 F.2d 17

Summary

Plaintiff was a stationery and school supplies wholesaler who obtained goods from defendant for resale. Defendant's goods comprised about two percent of plaintiff's sales. Plaintiff claimed defendant committed federal antitrust violations by charging plaintiff prices different from other wholesalers. After trial, the trial court directed a verdict in defendant's favor. The reviewing court affirmed holding where the difference in prices was small, competition with plaintiff was geographically limited, and the total percentage of sales attributed to defendant's products was small, plaintiff failed to prove actual injury. The reviewing court held defendant could not be held liable for federal antitrust laws violations without showing of actual injury. Plaintiff failed to show any competitor drew profits or sales away from plaintiff, that advantages given to competitors by defendant were more than sporadic, or that plaintiff's use of defendant's broker was a device to give other customers ...