546US1
168
Unit: $U15
[08-22-08 15:43:12] PAGES PGT: OPIN
VOLVO TRUCKS NORTH AMERICA, INC. v. REEDERSIMCO GMC, INC. Syllabus
3. The Robinson-Patman Act signals no large departure from antitrust law’s primary concern, interbrand competition. Even if the Act’s text could be construed as Reeder urges and the Eighth Circuit held, this Court would resist interpretation geared more to the protection of ex isting competitors than to the stimulation of competition. There is no evidence here that any favored purchaser possesses market power, the allegedly favored purchasers are dealers with little resemblance to large independent department stores or chain operations, and the supplier’s selective price discounting fosters competition among suppliers of differ ent brands. By declining to extend Robinson-Patman’s governance to such cases, the Court continues to construe the Act consistently with antitrust law’s broader policies. Pp. 180–181. 374 F. 3d 701, reversed and remanded. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and O’Connor, Scalia, Kennedy, Souter, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 182.
Roy T. Englert, Jr., argued the cause for petitioner. With him on the briefs were Donald J. Russell, Max Huffman, and David L. Williams. Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Assistant Attorney General Pate, Deputy Assistant Attorney General Delrahim, Jonathan L. Marcus, Catherine G. O’Sullivan, and David Seidman. Carter G. Phillips argued the cause for respondent. With him on the briefs were Richard D. Bernstein, Stephen B. Kinnaird, and Joe D. Byars, Jr.*
- Briefs of amici curiae urging reversal were filed for the American
Petroleum Institute by Carolyn F. Corwin, Harry M. Ng, and Douglas W. Morris; for the National Electrical Manufacturers Association by Clark R. Silcox; for the Truck Manufacturers Association et al. by G. Michael Halfenger; and for the Washington Legal Foundation by Daniel J. Popeo and David Price. Briefs of amici curiae urging affirmance were filed for the National Automobile Dealers Association by Paul R. Norman and Catherine
