Whitehall Co. v. Merrimack Valley Distributing Co.

Reduced to essentials, the question in this case is whether G. L. c. 93A, § 11, allows the plaintiff, a liquor wholesaler, to recover damages from a competing wholesaler who allegedly violated the price discrimination provisions of G. L. c. 138, § 25A, and from a retailer who allegedly sought and benefited from the discrimination. A judge in the Superior Court said “no,” and allowed the defendants’ motion to dismiss. We agree that, in this case, the answer is “no,” although we do *854so for reasons different from those upon which the motion judge relied. Consequently, we affirm the judgment…