RPAMall (tm) - Price Discrimination Litigation under the Robinson-Patman Act (RPA) to Protect Small Businesses and Towns from the Major Retailers (including Superstore, Category Killer and Big Box Retailers)

RPAMall - RPAMall (tm) - The Most Complete Offering of Robinson-Patman Act (RPA), Price and Service Discrimination, Major Retailer (including Superstore, Big Box and Category Killer Retailer) Information on the Internet.

First Published in 1997; Last Update: 10/29/06 10:05

See My Revised Lawmall Website at Revised Lawmall Website

1st Time Visitors-How to Use RPAMall (tm) If you have any questions about the Robinson-Patman Act, please email them to me, the author of this website, carlpers@ix.netcom.com.

1. !! NEW !! 11/16/05 Refiled AutoParts Lawsuit

2. 02/28/03 How Auto-Parts Plaintiffs and Others Can or Should Commence an Individual Lawsuit for Damages under the RPA in Light of Recent RPA Litigation Developments

3. 02/08/03, 02/12/03 [Dated: 2/12/03 - National Business Scandal 1000 Times Enron] New Developments and Update on How the Nation's Manufacturers Are Paying for the New Chain Stores Which Are Putting Independents Out of Business and How a Victimized Independent Business Can Use the Robinson-Patman Act to Recover Damages and Help to Stop the Unlawful Practices

4. Private Brand Litigation under the Robinson-Patman Act, Tires Incorporated of Broward v. Goodyear Tire & Rubber Company, et al., Amended Complaint Filed 7/11/02

5. Using One Person (or a Small Number of Persons) as Plaintiff(s) to Sue on Behalf of a Robinson-Patman Act Victim Whose Officers Are Not Able to Commence an RPA Action for Itself - Examples: Ashland VA and other Towns and Villages; and Lesser Superstores: KMart, Woolworth, Lechters, Ames, Jamesway, Bradleys, Montgomery Wards and Other Chains Unable to Compete with the Leading Superstore Chain

6. ViolationGram Website - to Notify Superstores (by a Violation E-Mail or "ViolationGram") that They Are Purchasing Goods at Substantially Lower Per-Unit Prices than Their Independent Competitors and Have the Evidence Available for Independents to Prove in RPA Litigation that the Superstores Knowingly Received the Discriminatory Prices

7. Wallace Kuralt, Owner of Failed Bookstore Chain, Tells All and Recommends a Simple Reform Which Could Help to Level the Playing Field - All Statements in Document Are AllegationsWallace Kuralt's Allegations and Astonishingly Simple Proposed Reform and text of a proposed statute for adoption by state or county governments Proposed Statute to Allocate Sales Tax Among Counties Contributing Sales and Employees to Superstore

8. A simple reform to reduce future Enron situations - or "What Is Good for the Goose Is Good for the Gander" - Using Competition to Self-Regulate Competition Enron Economics - Issues and Answers to Make Business and Capitalism More Competitive

9. Don't Cry for Arthur Andersen - Millions of Americans Lost Their Savings and/or Jobs during AA's Auditing Leadership"

10. Breaking the DNA Code to determine the per unit prices at which superstores are buying their inventory from manufacturers and publishers

11. Copy of The Intimate Bookshop Inc.'s Memorandum of Law in Opposition to the Joint Summary Judgment Motion of Defendants Barnes & Noble and Borders, redacted to remove confidential information which Defendants did not want to have available to the press or public

12. Table of Contents and Table of Authorities for The Intimate Bookshop Inc.'s Memorandum of Law in Opposition to the Joint Summary Judgment Motion of Defendants Barnes & Noble and Borders

13. Copy of The Intimate Bookshop Inc.'s Local Rule 56.1 Statement of Material Facts in Dispute, Submitted in Opposition to the Joint Summary Judgment Motion of Defendants Barnes & Noble and Borders, redacted to remove confidential information which Defendants did not want to have available to the press or public

14. Existence of the Secret DNA Code Is a Major Enron Situation - Resulting in Misleading Financial Statements for Manufacturers, Publishers and Major Chain Retailers

15. History and Update of American Booksellers Association RPA Action against Barnes & Noble and Borders, including Intimate's Intervention in the Action, and Settlement of the ABA Action, with Transcripts of 6-Day Trial

16. Website for The Intimate Bookshop, Inc.'s RPA Action against Barnes & Noble and Borders - Collection of Links Drawn from RPAMall Which Enable Anyone to Focus on Material Relevant to Intimate's Book-Industry Litigation

17. Indirect Purchaser Doctrine and Illinois Brick Decision - a Discussion Including Relevant Part of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss in the Auto-Parts Action

18. How Purchases from Qualified Buying Groups Can Avoid Application of the Indirect Purchaser Doctrine of the Illinois Brick Decision - a Discussion Including Relevant Part of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss in the Autoparts Action

19. Autoparts Plaintiffs' Argument Concerning Section 2(c) of Robinson--Patman Act Which the Court Rejected and Instead Dismissed the Plaintiffs' Section 2(c) Claims

20. Judge Mishler's 10/18/01 Decision in Auto-Parts RPA Action by 200 Independent Jobbers and Wholesalers against Wal-Mart, Sam's Club, AutoZone, Advance Auto, CSK, O'Reilly, Keystone, Discount Auto and Pep Boys for Alleged Price Discrimination - Upheld 2(a)/2(f) Claims; Dismissed 2(c) Claims; Denied Jurisdictional/Venue Motions; Granted Leave to Amend Complaint

21. What you should look at if you are having any problems trying to compete with a superstore, or are being injured in your business by globalization Wal-Mart - Pro & Con Arguments for Use in Wal-Mart Expansion Battles; and Fighting Globalization

22. YOU ARE NOT ALONE! - How to Put Together a Small Group of Injured Persons to Start a Single Action under the Robinson-Patman Price and/or Service Discrimination against a Superstore, Major Wholesaler or a Manufacturer

23. Original COMPLAINT in Auto-Parts Price Discrimination Action Filed by 200 Warehouse Distributor and Jobber Plaintiffs on 2/16/00 against 8 Leading Auto-Parts Chain-Store Retailers, including AutoZone, Wal-Mart, Advance Auto, Pep Boys, CSK

24. A Plaintiffs' Group Can Be from Different Industries against a Common Chain-Store Retailer

25. Sherman.Act Mall - Issues and Answers under the Sherman Act

26. Should a Failing Business Heading for Bankruptcy File an Antitrust Action? - the Pro's and Con's

27. Do You Have an RPA Price Discrimination or Service Discrimination Claim?

28. FARMGATE - How Farmers Can Recover The Value of Their Lost Farms Through the Robinson-Patman Act

29. Can You Sue if You Are Guilty of Paying a Lower Price than 75% of Your Competitors, but Paying a Higher Price than Your Superstore Competitors?

30. When Do Defendants Settle RPA Cases, If At All?

31. Suggestions Wanted for New Topics for RPAMall - DO YOU HAVE ANY QUESTIONS?

32. Robinson-Patman Act and Related Federal Statutes

33. Estimating Your Damages and Recovery in an RPA Suit

34. Damages Rule of Thumb: 9,000 X 1 Day's Loss of Profits

35. Who Can Sue for Unlawful Price Discrimination - Individuals, Corporations, Towns and Other Governmental Bodies

36. Non-Profit Institutions Act - Exemptions for Hospitals and Other Non-Profit Institutions; Claims for Damages by Competing Drug Stores and Others

37. Small Gas Stations and Convenience Stores - Paying Higher Prices for Gas, Drink and Food Inventory - A Suggested Solution

38. Federal Trade Commission Guides (FTC Guides) for Advertising Allowances and Other Merchandising Payments and Services, 16 CFR 240 [updated 8/9/01]

39. Antitrust: the Civil Rights Law for Small Business

40. State Statutes and Decisions: Price Discrimination

41. Estimated Expenses of a Robinson-Patman Act Price Discrimination Lawsuit

42. Litigation Stages and Estimated Length of RPA Lawsuit

43. Costs Taxed against Losing Party under 28 U.S.C. Section 1920 - Costs Not Taxable to the Extent Losing Party Cannot Afford to Pay Them

44. No Liability of a Losing RPA Plaintiff to Pay Defendants' Attorneys' Fees, Unlike the Possibility under the Copyright Act

45. It is ILLEGAL under the RPA for Manufacturers and Suppliers to Give Higher Discounts, Rebates and Allowances to Companies Which Sell Their Products through WEBSITES

46. Liability: Easier to Prove Than the Amount of RPA Damages

47. How to Prove Damages in an RPA Action

48. Robinson-Patman Act Remedies for Price Discrimination

49. !!!!! THE SHILS REPORT !!!!! The Shils Report, a 250-Page Report and Survey Proving that Big Box / Superstores Are Injuring Towns and Small Businesses in America through Price Discrimination and Other Predatory Practices

50. "Big Box", "Category Killer" and Superstore Material - a Growing Collection of Links

51. Pro's and Con's in Deciding Whether or Not to Sue

52. Checklist of Antitrust Claims

53. Lawmall Website: Links to RPA-Related Topics

54. Websites of Interest to RPA Plaintiffs

55. Selecting an Attorney to Start an RPA Lawsuit

56. Expert Witnesses in Price Discrimination Actions

57. One Store, One RPA Suit; and No RPA Class Actions

58. List of RPA Decisions Denying Class Action Status - with Relevant Quotations

59. Virtual Law Firms in Price Discrimination Field

60. Instructions to New RPA Plaintiffs

61. Recent Significant Court Decisions in Price Discrimination Lawsuits

62. Brief Description of 1997-Present Federal Decisions Referring to the Robinson-Patman Act, with Citations

63. Industries Seriously Injured by "Big Box" and "Category Killer" Superstores

64. Many Trade Associations Are Indifferent or Adverse

65. Price Discrimination Newsletter

66. Resume of RPA Attorney Carl Person

67. E-Mail, Fax or Telephone Inquiries to Attorney Carl Person

68. RPA Questionnaire/E-Mail to Attorney Carl Person

69. Public Offering and Sale of Shares in Your RPA Lawsuit

70. Federal Court Docket Sheet in RPA Action

71. Discovery in a RPA Price Discrimination Action

72. RPA Pleadings Checklist and The 10 Most Significant RPA Issues for You to Consider

73. If RPA Attorney and Client Live in Different States

74. Available Services for RPA Plaintiffs or Attorneys

75. Role of Justice Dept. and FTC in RPA Enforcement

76. Why Most Large Retailers, Wholesalers and Manufacturers Are Violating the RPA and Discriminating against Small Retailers

77. Assistance Offered to RPA Plaintiffs' Attorneys

78. Lawmall Website - Main Menu

79. Types of Professionals and Others Needed to Become Involved with RPA Litigation: (i) attorneys, (ii) expert witnesses - liability and/or damages, (iii) survey experts, (iv) paralegals, (v) investigators, (vi) website programmers, (vii) reporters, business editors and media, and (viii) persons with economic, educational, social, professional or political interest in unlawful price and service discrimination and its elimination

80. Registration of Persons Interested in Becoming Involved with RPA Litigation in Their Area

81. NEW! Lawsuit to Stop Job Theft and Globalization Activities by State and Local Economic Development and Industrial Development Agencies a website concerning a lawsuit which is soon to be commenced, to try to stop job thefts by government agencies throughout the United States - a variation of price discrimination practiced by government agencies in favor of major corporations

82. NEW! List of Most Prevalent Abuses in by Federal Prosecutors and in Federal Prosecutions - and What Can Be Done - of increasing interest to small businesspersons who are often victimized by selective prosecutions representing the will of the major business competitors and their controlled media

83. If you have any questions, you can email them to me (Editor/Attorney Carl E. Person) at carlpers@ix.netcom.com, and I will respond to your email ASAP.

30-Minute Infomercial on the Robinson-Patman Act

Attorney Carl E. Person, the editor/author of this Robinson-Patman Act website aired a 29-minute ("half-hour") infomercial on various radio stations. For members of the audience who were unable to hear the whole show, or want to listen to it again, and for attorneys anywhere in the United States who may wish to become the "case partner" of attorney Carl E. Person (and jointly run the commercial locally), the infomercial may be read and/or downloaded at 29-Minute Radio Infomercial of Carl E. Person entitled "ONE MILLION FORTUNES LOOKING FOR THEIR RIGHTFUL OWNERS".

RPAMall Material (other than statutes and text of cases) Copyright (c) 1997-2006 by Carl E. Person

Lawmall and RPAMall are servicemarks of Carl E. Person