546US1
Unit: $U15
[08-22-08 15:43:12] PAGES PGT: OPIN
Cite as: 546 U. S. 164 (2006)
177
Opinion of the Court
vored purchaser, i. e., one who “receive[d] the benefit of such discrimination.” 15 U. S. C. § 13(a). It is undisputed that Reeder has satisfied the first and second requirements. Volvo and the United States, as amicus curiae, maintain that Reeder cannot satisfy the third and fourth requirements, be cause Reeder has not identified any differentially priced transaction in which it was both a “purchaser” under the Act and “in actual competition” with a favored purchaser for the same customer. A hallmark of the requisite competitive injury, our deci sions indicate, is the diversion of sales or profits from a disfa vored purchaser to a favored purchaser. FTC v. Sun Oil Co., 371 U. S. 505, 518–519 (1963) (evidence showed patronage shifted from disfavored dealers to favored dealers); Falls City Industries, Inc. v. Vanco Beverage, Inc., 460 U. S. 428, 437–438, and n. 8 (1983) (complaint “supported by direct evi dence of diverted sales”). We have also recognized that a permissible inference of competitive injury may arise from evidence that a favored competitor received a significant price reduction over a substantial period of time. See FTC v. Morton Salt Co., 334 U. S. 37, 49–51 (1948); Falls City Industries, 460 U. S., at 435. Absent actual competition with a favored Volvo dealer, however, Reeder cannot estab lish the competitive injury required under the Act. III The evidence Reeder offered at trial falls into three cate gories: (1) comparisons of concessions Reeder received for four successful bids against non-Volvo dealers, with larger concessions other successful Volvo dealers received for dif ferent sales on which Reeder did not bid (purchase to-purchase comparisons); (2) comparisons of concessions offered to Reeder in connection with several unsuccessful bids against non-Volvo dealers, with greater concessions accorded other Volvo dealers who competed successfully for different sales on which Reeder did not bid (offer-to
