Product Distribution Challenge Recently Addressed by Seventh Circuit Court of Appeals in Landmark Decision Under the Robinson-Patman Act *

Mark McCareins, General Counsel, Metals Service Center Institute, USA

The passage of the Sherman Act by Congress in 1890 marked the onslaught of an antitrust revolution, which began in the United States and has now taken root in most countries throughout the world. While the initial focus of the antitrust regulatory efforts in the United States was monopolies and conspiracies (and attendant criminal consequences), the legislative platform shifted in 1936 to ensuring that buyers of goods in the retail distribution chain operated on a level playing field with the passage of the Robinson-Patman Act (the “Act”).

R. Mark McCareins practiced antitrust, trade regulation and unfair competition for the firm of Winston and Strawn LLP for over thirty years where he appeared in matters in nearly forty (40) federal courts. In addition, he has authored nearly twenty books or articles on antitrust related topics. While he currently chairs the Chicago Bar Association antitrust committee, Mark has served on many bar association councils including the Illinois State Bar Association and the American Bar Association. Mark also has taught antitrust and business law at Northwestern University's Kellogg Graduate School of Management for over twenty-five years; he currently he is a Clinical Professor of Strategy at Kellogg.

The Metals Service Center Institute ( www.msci.org) is the premier metals trade association in North America with over 300 members. MSCI is a leader in executive education and data compilation for the metals industry.