9th Circ. Partially Kicks Back 5-Hour Energy Antitrust Suit
By Lauren Berg ( July 20, 2023, 11:21 PM EDT) -- A split Ninth Circuit Thursday instructed a California federal judge to take another look at whether family-owned wholesalers proved competition with Costco in the wholesalers' price-discrimination suit against the maker of 5-Hour Energy, saying the judge erred in finding Costco and the wholesalers compete for different customers of the energy "shots."...
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