Widget Maker, Inc manufactures and sells widgets. It sells widgets to Marklin of Marklin's Department Store and gives him a preference in pricing that discriminates against other retailers. Does Marklin have liability for price discrimination? Does Widget Maker, Inc have liability for price discrimination? Explain


Widget Maker, Inc. has liability under the Robinson-Patman Act which amended Section 2 of the Clayton Act. Under this Act, Widget Maker would have liability, because it is a seller of goods who granted to a buyer a discount that was not offered to all other purchasers on proportionately equal terms. Marklin also has liability if he induced or knowingly received the illegal discrimination in price. Liability would be civil and not criminal, however. Price differentials may be justified by proof of a cost savings or a good faith attempt to meet competition.

Business

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