The Sixth Circuit today overturned dismissal of a claim that DaimlerChrysler Vans engaged in price discrimination by furnishing promotional services to some dealers but not to others. The plaintiff, a Freightliner truck dealer, alleged that DaimlerChrysler Vans sold its “Sprinter” line of vans to Freightliner dealers and Dodge dealers but provided “BusinessLink” services only to the latter. BusinessLink allowed end-users to get service priority at the dealerships. The court held that the discriminatory treatment may violate section 13(d) or (e) of the Robinson-Patman Act and accordingly reversed dismissal of the price discrimination claim under Rule 12(b)(6). Freightliner of Knoxville, Inc. v. DaimlerChrysler Vans, LLC, No. 06-6054 (6th Cir. Apr. 26, 2007).
Barry Barnett
