UNFAIR COMPETITION--ROBINSON-PATMAN ACT--MEASURE OF DAMAGES IN PRICE DISCRIMINATION CASES

Defendant, a seller engaged in interstate commerce, paid clerks' salaries in unequal amounts to customer-clerks competing in the distribution of defendant's products. Where this discrimination had no basis or standing other than the seller's discretion it was held to amount to a violation of section 2, subsections ( d) and (e) of the Clayton Act, as amended by section 1 of the Robinson-Patman Price Discrimination Act, and the measure of damages awarded to the plaintiff was held to be three times the difference between the salary of a clerk paid by the defendant to the plaintiff and that paid to the plaintiff's competitor, without requiring proof of some special injury to the plaintiff's business. Elizabeth Arden Sales Corporation v. Gus Blass Co., (C.C.A. 8th, 1945)-150 F. (2d) 988. Riddick, Circuit Judge, dissented.