Federal Appellate Court Upholds Dismissal of Antitrust Lawsuit Against R.J. Reynolds Tobacco Company
February 27 2007 - 4:14PM
PR Newswire (US)
WINSTON-SALEM, N.C., Feb. 27 /PRNewswire-FirstCall/ -- R.J.
Reynolds Tobacco Company is pleased with the decision by the 6th
Circuit Court of Appeals to uphold a lower court's ruling
dismissing an antitrust lawsuit brought by Smith Wholesale Co.,
Inc. of Tennessee and 18 other wholesalers claiming that R.J.
Reynolds' Wholesale Partners Program (WPP) is discriminatory.
"Previously, the court upheld R.J. Reynolds' right to choose its
own distributors, and today it confirmed the legality of our
program, which rewards distributors for selling more of our
brands," said Robert D. Stowe, senior vice president of trade
marketing for R.J. Reynolds. In affirming the lower court's
decision to dismiss, the appellate court stated: "As the district
court properly found, the WPP's market-share discount was offered
to all wholesalers using a non-discriminatory formula. It was
therefore functionally available to plaintiffs not only in theory,
but in fact." Darryl R. Marsch, senior counsel for R.J. Reynolds
commented: "Antitrust experts generally recommend market-share
based discount programs like R.J. Reynolds' because they are
'size-blind.' This appellate ruling confirms that view." The
plaintiffs had sought unspecified damages in the suit. R.J.
Reynolds Tobacco Company, an indirect subsidiary of Reynolds
American Inc. (NYSE:RAI), is the second-largest tobacco company in
the United States, manufacturing about one of every three
cigarettes sold in the country. The company's brands include five
of the 10 best-selling U.S. cigarette brands: Camel, Kool, Winston,
Salem and Doral. For more information, visit http://www.rjrt.com/.
DATASOURCE: R.J. Reynolds Tobacco Company CONTACT: David Howard of
R.J. Reynolds Tobacco Company, +1-336-741-3489 Web site:
http://www.rjrt.com/
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