Smith Wholesale Co. v. Philip Morris USA, Inc.

GRIFFIN, Circuit Judge.

The plaintiffs-appellants, twenty-nine full-service wholesalers that are also direct distributors under distribution agreements with defendant-appellee Philip Morris USA, Inc. (“PM”) for the sale of PM tobacco products, brought suit against PM alleging that PM has engaged in price discrimination in violation of Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Price Discrimination Act (“the Act”), 15 U.S.C. § 13a, and attempted monopolization contrary to the Sherman Act, 15 U.S.C. § 2. The district court granted summary judgment in favor of PM with…