The Balian Ice Cream Co., Inc., a Corporation v. Arden Farms Co., a Corporation

Plaintiffs brought fifteen separate actions against defendants under § 4 of the Clayton Act, 15 U.S.C.A. § 15 , claiming violations of the federal anti-trust laws. The basic claim was that each plaintiff who is an independent ice cream manufacturer or distributor in the Los Angeles area sustained injury when Arden Farms Co., which operates in the manufacture and distribution of dairy products in the same area, lowered its prices upon ice cream in this area alone. Prices on all of its ice cream products were reduced with the exception of prices upon “diced” ice cream manufactured by Arden exclusively and just being introduced on the market. The gist of the complaint was that Arden operated in the northwest states and in Arizona and that discrimination was proved because the price level upon like products in these states was not made to conform to the Los Angeles price level.

Findings of fact of the trial court were extensive. Based thereon, the court held that the statute had not been violat ed and that no actionable discrimination had been practiced. Judgment for defendants followed. 104 F.Supp. 796 . Plaintiffs took these appeals, which are now consolidated.

The contentions…