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ABBOTT LABS. v. PORTLAND RETAIL DRUGGISTS ASSN., INC.

No. 74-1274.

425 U.S. 1 (1976)

ABBOTT LABORATORIES ET AL. v. PORTLAND RETAIL DRUGGISTS ASSN., INC.

Supreme Court of United States.

Decided March 24, 1976.

Attorney(s) appearing for the Case

James H. Clarke argued the cause for petitioners. With him on the briefs were William B. Crow, Garry P. McMurry, R. R. Bullivant, Walter J. Cosgrave, Jack L. Kennedy, Thomas M. Triplett, Robert R. Carney, and Barnes H. Ellis.

Roger Tilbury argued the cause for respondent. With him on the briefs was Henry Kane.*

Briefs of amici curiae urging affirmance were filed by H. R. Burnham and James Allen Main for the Alabama Pharmaceutical Assn. et al.; and by Arthur B. Hanson, W. Frank Stickle, Jr., and Sidney Waller for the American Pharmaceutical Assn. et al.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

The Robinson-Patman Price Discrimination Act (Robinson-Patman), adopted in 1936, 49 Stat. 1526, amending § 2 of the Clayton Act, 38 Stat. 730, in general makes it unlawful for one engaged in commerce to discriminate in price between different purchasers of like commodities where, among other things, "the effect of such discrimination may be substantially to lessen...

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