546US1
Unit: $U15
[08-22-08 15:43:12] PAGES PGT: OPIN
Cite as: 546 U. S. 164 (2006)
169
Opinion of the Court
Justice Ginsburg delivered the opinion of the Court. This case concerns specially ordered products—heavy duty trucks supplied by Volvo Trucks North America, Inc. (Volvo), and sold by franchised dealers through a competitive bidding process. In this process, the retail customer states its specifications and invites bids, generally from dealers franchised by different manufacturers. Only when a Volvo dealer’s bid proves successful does the dealer arrange to pur chase the trucks, which Volvo then builds to meet the cus tomer’s specifications. Reeder-Simco GMC, Inc. (Reeder), a Volvo dealer located in Fort Smith, Arkansas, commenced suit against Volvo al leging that Reeder’s sales and profits declined because Volvo offered other dealers more favorable price concessions than those offered to Reeder. Reeder sought redress for its al leged losses under § 2 of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Price Discrimination Act, 49 Stat. 1526, 15 U. S. C. § 13 (Robinson-Patman Act or Act), and the Arkansas Franchise Practices Act, Ark. Code Ann. § 4–72–201 et seq. (2001). Reeder prevailed at trial and on appeal on both claims. We granted review on the federal claim to resolve the question whether a manufacturer offering its dealers differ ent wholesale prices may be held liable for price discrimina tion proscribed by Robinson-Patman, absent a showing that the manufacturer discriminated between dealers contempo raneously competing to resell to the same retail customer. While state law designed to protect franchisees may provide, and in this case has provided, a remedy for the dealer ex posed to conduct of the kind Reeder alleged, the RobinsonPatman Act, we hold, does not reach the case Reeder pre sents. The Act centrally addresses price discrimination in cases involving competition between different purchasers for Cetrangolo; and for the North American Equipment Dealers Association et al. by Wayne A. Mack.
