DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022462P.pdf 07/12/2004 Reeder-Simco GMC v. Volvo GM Heavy Truck
U.S. Court of Appeals Case No: 02-2462
Truck
Western District of Arkansas
Civil case- Antitrust. Plaintiff was a purchaser for the purposes of
pursuing a price discrimination claim under the Robinson Patman Act;
plaintiff established it competed in the same geographic markets as the
dealers it claimed received favored treatment from Volvo; comparative
sales of trucks only needed to be of like grade and quality, and the minor
differences in the trucks - such as engine types and gear ratios - did not
prevent them from being of like grade and quality; plaintiff's evidence
was sufficient to show price discrimination resulting in competitive
injury; plaintiff showed actual injury and was entitled to receive treble
damages under 15 U.S.C. Sec. 13(a); damages evidence was sufficient to
support jury awards, especially under the relaxed standard applied to
ascertaining a plaintiff's damages once it has established an actual injury;
district court had jurisdiction over plaintiff's claim under the Arkansas
Franchise Practices Act, and the Arkansas Motor Vehicle Commission
Act did not pose an impediment to recovery under the Franchise Practices
Act. Judge Hansen, concurring in part and dissenting in part.
[PUBLISHED] [Bye, Author, with R. Arnold and Hansen, Circuit Judges]