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 for different customers of the energy “shots.”…

Read more

ABOUT GAW | POE LLP

Gaw | Poe LLP is a San Francisco Bay Area boutique law firm focusing on business litigation, antitrust litigation, and appeals. Founders Randolph Gaw and Mark Poe are nationally recognized litigators who graduated from the same class at Stanford Law School. The firm has been recognized by The National Law Journal for obtaining the 37th largest verdict in the country for 2016.