WOODMAN'S FOOD MARKET, INC. v. CLOROX CO.

No. 15-3001.

833 F.3d 743 (2016)

WOODMAN'S FOOD MARKET, INC., Plaintiff-Appellee, v. CLOROX COMPANY and Clorox Sales Company, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2016.


Attorney(s) appearing for the Case

John Alan Kassner, III , Kraig Alan Byron , Attorneys, Von Briesen & Roper, S.C., Madison, WI, for Plaintiff-Appellee.

Joshua H. Soven , Michael R. Huston , Attorneys, Gibson, Dunn & Crutcher LLP, Washington, DC, for Defendant-Appellant.

Bradley Grossman , Attorney, Federal Trade Commission, Office of the General Counsel, Washington, DC, for Amicus Curiae Federal Trade Commission.

Thomas Franklin Wenning , Attorney, Wenning LLC, Montgomery Village, MD, for Amicus Curiae National Grocers Association.

Before Wood, Chief Judge, Rovner, Circuit Judge, and Blakey, District Judge.


Does size matter? Not always, as this case illustrates. The dispute before us arose when Clorox decided to sell the largest-sized containers of its products only to discount warehouses such as Costco and Sam's Club. Ordinary grocery stores, including plaintiff Woodman's Food Market, had to content themselves with smaller packages...

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