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FALLS CITY INDUSTRIES v. VANCO BEVERAGE, INC.

No. 81-1271.

460 U.S. 428 (1983)

103 S.Ct. 1282

75 L.Ed.2d 174

FALLS CITY INDUSTRIES, INC. v. VANCO BEVERAGE, INC.

Supreme Court of United States.

Decided March 22, 1983.

Attorney(s) appearing for the Case

Howard Adler, Jr., argued the cause for petitioner. With him on the briefs was Lionel Kestenbaum.

Deputy Solicitor General Shapiro argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Lee, Assistant Attorney General Baxter, John H. Garvey, Barry Grossman, and Nancy C. Garrison.

John T. Cusack argued the cause for respondent. With him on the briefs was Gordon B. Nash.

JUSTICE BLACKMUN delivered the opinion of the Court.

Section 2(b) of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Act, 49 Stat. 1526, 15 U. S. C. § 13(b), provides that a defendant may rebut a prima facie showing of illegal price discrimination by establishing that its lower price to any purchaser or purchasers "was made in good faith to meet an equally low price of a competitor."1 The United States Court of Appeals...

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