Utah Pie Company v. Continental Baking Company
United States Supreme Court
386 U.S. 685 (1967)
Utah Pie Co. (plaintiff), a small family-owned Salt Lake City pie maker, sued three large national companies (defendants), alleging they charged substantially lower prices for frozen pies in Salt Lake City than elsewhere in the country, pricing below cost to drive Utah Pie out of business; despite this alleged predatory pricing, Utah Pie's own sales continued to grow throughout the relevant period. A jury found for Utah Pie, but the court of appeals reversed, reasoning that Utah Pie's increased sales precluded any finding of competitive injury.
Whether a plaintiff can make a claim for price discrimination under the Robinson-Patman Act even if the plaintiff had increased sales during the period of alleged discrimination.