Hunt-Wesson Foods, Inc. v. Ragu Foods, Inc. And Chesebrough-Pond's, Inc.

Hunt-Wesson Foods, Inc. (Hunt) appeals from the dismissal of those portions of its complaint that charged Ragu Foods, Inc. (Ragu) and its parent, Chesebrough-Pond’s, Inc., with conduct other than price discrimination that violated sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 , 2 (1976). Hunt also appeals from the district court’s grant of summary judgment in favor of defendants with respect to alleged “primary line” price discrimination that Hunt charged violated both sections 1 and 2 of the Sherman Act and section 2(a) of the Clayton Act, as amended by the RobinsonPatman Act, 15 U.S.C. § 13 (a) (1976). This court has jurisdiction under 28 U.S.C. § 1291 (1976). We reverse the dismissal of Hunt’s Sherman Act claims and affirm the grant of summary judgment.

I

THE COMPLAINT

Hunt’s complaint alleges essentially that Ragu sought to impede Hunt’s introduction of a new product, “Hunt’s Prima Salsa Spaghetti Sauce,” in furtherance of Ragu’s actual or attempted monopolization of the prepared spaghetti sauce market. Hunt contends that when it attempted to test-market Prima Salsa, Ragu, with intent to preclude Hunt from the market, gave discounts on its regular spaghetti sauce in…