New Albany Tractor, Inc. v. Louisville Tractor, Inc., No. 10-5100 (6th Cir. 2011)Annotate this Case
Plaintiff alleged violation of the Robinson-Patman Act, 15 U.S.C. 13(a), prohibition on selling the same product to different buyers at different prices, by a manufacturer of mowing equipment and a distributor/retailer of that equipment. The district court dismissed. The Sixth Circuit affirmed. In light of recent Supreme Court decisions, courts may no longer accept conclusory allegations that do not include specific facts necessary to establish the cause of action. The new "plausibility" standard is particularly difficult for the plaintiff in this case, because only the defendants have access to the pricing information necessary to show discriminatory pricing, but the plaintiff may not use discovery to obtain those facts. The plaintiff did not have sufficient facts to establish the manufacturer's control of the distributor to proceed under the "indirect purchaser" doctrine.