(Download) "Enterprise Industries Inc. v. Texas Company." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Enterprise Industries Inc. v. Texas Company.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 07, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The defendant appeals from a judgment for the plaintiff in an action tried to a judge, awarding treble damages suffered by the defendants violation of the Robinson-Patman Act ( § 13(a), Title 15, U.S.C.). The plaintiff was a corporation, operating a gasoline "filling station" in the town of Wethersfield, Connecticut, on the right hand side, going south, of the main highway from Boston to New York, a short distance south of the boundary of Hartford. During the period in suit it was a lessee of this station from the defendant at a rent that for the purposes of this action may be taken as two cents for every gallon of gasoline sold. It is not uncommon in the industry for a filling station to start what has come to be known as a "gas war"; that is, to cut the prevailing price of gasoline, which other competing stations must meet by a corresponding cut in order to keep up their sales; and that makes it important, if indeed not necessary, for the producing companies to reduce their price to their own competing stations. In the neighborhood of the city of Hartford between November 1950 and February 1952, two such "wars" occurred: the first lasted from November 1950 to July 1951; the second from November 1951 to February 1952. In each period the defendant by a rebate or allowance reduced its selling price to its tributary stations enough to enable them to meet a price cut, and yet to keep a net margin to each of two cents.