Woodman's v. Clorox.docx - Fact-Plaintiff Woodmans food...

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Fact: -Plaintiff Woodman’s food market, Inc. is an employee-owned corporation based in Janesville, Wisconsin, and it has 15 grocery stores in the Midwest. Each of them has average 23500 square feet. -Defendants The Clorox Company are Delaware Corporation with their corporate offices and headquarters in Oakland, California. Clorox manufactures and sells a variety of consumer and professional products, including bleach, cleaning supplies, charcoal, cat litter, sandwich bags, wraps, containers, water filtration products and personal care products. -Woodman has been a customer of Clorox’s “large pack” for many years. (These products are larger containers or package of a product that typically are offered to customers at a cost saving per unit compared to the price per unit when the product is sold in smaller containers or package” -On September 9, 2014, Clorox’s Director of sales, Customer and Industry Affair announced as of October 1, Woodman would become “general market retailer” which mean it cannot purchase “large pack” at unit price anymore, comparing with its 2 competitors Sam Club and Costco. -Woodman got upset because: +Had to pay higher price which leaded to higher selling price it would lose customers who can’t afford to pay higher price, and also who know “large pack” still selling its competitors and can also afford membership at these places. -Woodman sued Clorox in the Western District of Wisconsin Procedural history: -Woodman sued Clorox in the Western District of Wisconsin -Woodman filed complaint against Clorox Company for violating the price discrimination provisions of the Robinson-Patman Act, 15 U.S.C. § 13(d) (e), and also by offering to sell large pack ”products only to“ club retailers like Costco and Sam club but not to general market like Woodman. +Later on, court decided to let plaintiff to revoke also section (a) -Clorox has moved to dismiss Woodman’s complaint for failing to state a claim under Fed. R.
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