Janich Bros., Inc. v. The American Distilling Co.

This is a private antitrust action for treble damages and injunctive relief pursuant to sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 , 26. Plaintiff and appellant Janich Bros., Inc. (Janich) is a rectifier of alcoholic beverages. It processes, bottles, and distributes its product for sale in California. Defendant and appellee The American Distilling Company (American) is a distiller. It manufactures alcoholic beverages and markets its product throughout the United States.

In an action initiated in 1967, Janich claimed that since 1963 American, through its pricing policies, had attempted to monopolize the sale of private label gin and vodka in California in violation of section 2 of the Sherman Act, 15 U.S.C. § 2 . In addition, Janich claimed that American had sold gin and vodka of like grade and quality at discriminatory prices in violation of section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13 (a). Janich also claimed that as a result of these activities, it was precluded from making sales of private label gin and vodka to large chain store retailers and also suffered a loss of customers and reduced sales to its existing customers. No…