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VOLVO TRUCKS NORTH AMERICA, INC. v. REEDERSIMCO GMC, INC. Opinion of the Court
Tommy Davidson Trucking. 4 C. A. App. 1267–1268. Volvo initially offered Reeder a concession of 17%, which Volvo, unprompted, increased to 18.1% and then, one week later, to 18.9%, to match the concession Volvo had offered to another of its dealers. 5 id., at 1268–1272. Neither dealer won the bid. Id., at 1272. The other instance involved Hiland Dairy, which solicited bids from both Reeder and Southwest Missouri Truck Center. Id., at 1626–1627. Per its written policy, Volvo offered the two dealers the same concession, and Hiland selected Southwest Missouri, a dealer from which Hiland had previously purchased trucks. Ibid. After se lecting Southwest Missouri, Hiland insisted on the price Southwest Missouri had bid prior to a general increase in Volvo’s prices; Volvo obliged by increasing the size of the discount. Id., at 1627. See also id., at 1483–1488; 374 F. 3d, at 720 (Hansen, J., concurring in part and dissenting in part). Reeder dominantly relied on comparisons between con cessions Volvo offered when Reeder bid against non-Volvo dealers, with concessions accorded to other Volvo dealers similarly bidding against non-Volvo dealers for other sales. Reeder’s evidence compared concessions Reeder received on four occasions when it bid successfully against non-Volvo dealers (and thus purchased Volvo trucks), with more favor able concessions other successful Volvo dealers received in connection with bidding processes in which Reeder did not participate. Id., at 705–706. Reeder also compared conces sions offered by Volvo on several occasions when Reeder bid unsuccessfully against non-Volvo dealers (and therefore did not purchase Volvo trucks), with more favorable concessions received by other Volvo dealers who gained contracts on which Reeder did not bid. Id., at 706–707. Reeder’s vice-president, Heck, testified that Reeder did not look for instances in which it received a larger concession than another Volvo dealer, although he acknowledged it was “quite possible” that such instances occurred. 5 C. A. App. 1462. Nor did Reeder endeavor to determine by any sta
