Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Disfavored purchaser files price discrimination suit over saturated melamine paper pricing, (Aug 6, 2013)

By Jeffrey May, J.D.

Thermo Pressed Laminates, Inc., a manufacturer of thermo-fused melamine and laminated panels, has filed a complaint in the federal district court in Medford, Oregon, against a producer of saturated melamine paper for engaging in price discrimination in violation of the Robinson-Patman Act and Oregon’s Anti-Price Discrimination Law (Thermo Pressed Laminates, Inc. v. Arclin USA, LLC, filed August 2, 2013).

The complaint names Arclin Surfaces, LLC, which produces the saturated melamine paper purchased by the plaintiff, and Arclin USA, LLC, the purported owner of Arclin Surfaces. According to the complaint, the defendants hold a monopoly in the market for saturated melamine paper throughout the United States, Canada, and Mexico.

The plaintiff alleges that, since 2000, it has been charged higher prices for the defendants' saturated melamine paper than the prices charged to all or most of its competitors. Saturated melamine paper is used to manufacture thermo-fused melamine and laminated panels. The plaintiff allegedly purchased $15 million worth of saturated melamine paper from the defendants and their predecessors in interest during that time period. In addition, the defendants allegedly denied the plaintiff discounts made available to other customers for payment within 14 days of an invoice.

According to the plaintiff, it did not discover the alleged price discrimination until April 2013, when the defendants inadvertently forwarded it an invoice intended for one of its competitors. The invoice purportedly showed that the plaintiff was being charged prices approximately 10% higher than those on the invoice to its competitor and that the competitor was being offered other discounts.

The plaintiff seeks damages and injunctive relief. The plaintiff alleges that it has suffered damages in the form of lost profits of approximately $ 1.5 million, which would be trebled to $4.5 million. It also contends that it suffered additional lost profits as a result of the loss of multiple customers and market share. An injunction is sought because the defendant has refused to stop their ongoing price discrimination, according to the plaintiff.

This is Case 1:13-cv-01330-CL.

Attorneys: Michael E. Haglund (Haglund Kelly, LLP) for Thermo Pressed Laminates, Inc.

Companies: Arclin USA, LLC; Thermo Pressed Laminates, Inc.

News: Antitrust OregonNews