Russ' Kwik Car Wash, Inc. Clean Cars, Inc. v. Marathon Petroleum Company Gastown, Inc. Emro Marketing Company

Plaintiffs appeal from the summary judgment granted in favor of defendants in this antitrust action. The principal issue on appeal is whether the transfer of a product from a parent corporation to its wholly-owned subsidiary corporation is a “sale” for purposes of section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a). We hold that it is not and affirm.

I

This case arises from the operation of a car wash and gasoline station by plaintiffs Russ’ Kwik Car Wash, Inc. and Clean Cars, Inc. The plaintiffs’ facility is located on an “L”-shaped parcel of land adjacent…