Great Atlantic and Pacific Tea Company desired to achieve cost savings by switching to the sale of

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Great Atlantic and Pacific Tea Company desired to achieve cost savings by switching to the sale of ‘‘private label’’ milk. A&P asked Borden Company, its longtime supplier of ‘‘brand label’’ milk, to submit a bid to supply certain of A&P’s private label dairy products. A&P was not satisfied with Borden’s bid, however, and it solicited other offers. Bowman Dairy, a competitor of Borden’s, submitted a lower bid. At this point, A&P contacted Borden and asked it to rebid on the private label contract. A&P included a warning that Borden would have to substantially lower its original bid in order to undercut Bowman’s bid. Borden offered a bid that doubled A&P’s potential annual cost savings. A&P accepted Borden’s bid. The Federal Trade Commission (FTC) then brought an action, charging that A&P had violated the Robinson-Patman Act by knowingly inducing or receiving illegal price discrimination from Borden. Discuss whether the FTC is correct in its allegations.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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