· 8/4/1989
A.A. Poultry Farms, Inc. v. Rose Acre Farms, Inc.
Citations
- 881 F.2d 1396
- 1989 U.S. App. LEXIS 11799
- 1989 WL 88532
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “no rational jury could have found that recoupment took place, could have taken place, or conceivably could take place in the future”
- describing the many considerations in a single firm case that make it difficult to infer predatory conduct from the relation of price to cost
- describing the many considerations in a single firm ease that make it difficult to infer predatory conduct from the relation of price to cost
- “Selling a chain 100% of its requirements at 80c/dozen is the same as furnishing 80% of the requirements at $1.00/dozen and giving it the other 20% for ‘free.’ Whether price discrimination has occurred depends, therefore, on the price after all discounts, specials, and so on.”
- “[i]f courts use vigorous, nasty, pursuit of sales as evidence of forbidden ‘intent,’ they run the risk of penalizing the motivation forces of competition”
- “desire to extinguish one’s rivals is entirely consistent with, [and] often is the motive behind, competition”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Easterbrook, Grant
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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