Dayton Superior Corp. makes and distributes commercial concrete construction products. Daytons customers, including Spa Steel Products, Inc.,

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Dayton Superior Corp. makes and distributes commercial concrete construction products. Dayton’s customers, including Spa Steel Products, Inc., compete with each other to sell Dayton’s products. Spa Steel’s customers begin to buy Dayton’s products from competitors whose prices for the same products are 10 to 15 percent lower than Spa Steel’s prices. Consequently, Spa Steel loses sales. Can Spa Steel successfully allege price discrimination under the Clayton Act? Why or why not? [Dayton Superior Corp. v. Spa Steel Products, Inc., 2012 WL 113663 (N.D.N.Y. 2012)]

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Business Law Text and Exercises

ISBN: 978-1305509603

8th edition

Authors: Roger LeRoy Miller, William E. Hollowell

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