Page:United States Reports 546.pdf/380

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[08-22-08 15:43:12] PAGES PGT: OPIN

Cite as: 546 U. S. 164 (2006)

169

Opinion of the Court

Justice Ginsburg delivered the opinion of the Court. This case concerns specially ordered products—heavy­ duty trucks supplied by Volvo Trucks North America, Inc. (Volvo), and sold by franchised dealers through a competitive bidding process. In this process, the retail customer states its speciﬁcations and invites bids, generally from dealers franchised by different manufacturers. Only when a Volvo dealer’s bid proves successful does the dealer arrange to pur­ chase the trucks, which Volvo then builds to meet the cus­ tomer’s speciﬁcations. Reeder-Simco GMC, Inc. (Reeder), a Volvo dealer located in Fort Smith, Arkansas, commenced suit against Volvo al­ leging that Reeder’s sales and proﬁts declined because Volvo offered other dealers more favorable price concessions than those offered to Reeder. Reeder sought redress for its al­ leged losses under § 2 of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Price Discrimination Act, 49 Stat. 1526, 15 U. S. C. § 13 (Robinson-Patman Act or Act), and the Arkansas Franchise Practices Act, Ark. Code Ann. § 4–72–201 et seq. (2001). Reeder prevailed at trial and on appeal on both claims. We granted review on the federal claim to resolve the question whether a manufacturer offering its dealers differ­ ent wholesale prices may be held liable for price discrimina­ tion proscribed by Robinson-Patman, absent a showing that the manufacturer discriminated between dealers contempo­ raneously competing to resell to the same retail customer. While state law designed to protect franchisees may provide, and in this case has provided, a remedy for the dealer ex­ posed to conduct of the kind Reeder alleged, the RobinsonPatman Act, we hold, does not reach the case Reeder pre­ sents. The Act centrally addresses price discrimination in cases involving competition between different purchasers for Cetrangolo; and for the North American Equipment Dealers Association et al. by Wayne A. Mack.