No. 76-2784.

587 F.2d 34 (1978)

SHELL OIL COMPANY, Plaintiff-Appellee, v. Evelle J. YOUNGER, Attorney General of the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 28, 1978.

Attorney(s) appearing for the Case

Linda Tedeschi, Deputy Atty. Gen. (argued), San Francisco, Cal., for defendant-appellant.

William Simon (argued), of Howrey & Simon, Washington, D.C., for plaintiff-appellee.

Before BROWNING, TUTTLE and ANDERSON, Circuit Judges.


In 1975 the California legislature passed section 21200 of the California Business & Professions Code (chapter 8) to regulate price discrimination by major distributors of motor fuel. The first paragraph of chapter 8, in language paralleling section 2(a) of the Robinson-Patman Act, 15 U.S.C. § 13(a) (1970), prohibits price discrimination where the effect of such discrimination is to lessen competition. The second paragraph of chapter 8, like section...

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