Legal Question in Business Law in California

can a local magazine publication be sued for selling advertising space to a local bar for a higher rate than selling the same advertising space to large company just because of brand image.


Asked on 10/10/12, 1:53 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

No. They get to charge 'what the market will bear'. You have no 'right' to their services.

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Answered on 10/10/12, 9:56 am
Jim Betinol Withrow and Betinol Law

I completely agree with the attorney above. You need to find a bargaining leverage to convince them to lower the price.

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Answered on 10/10/12, 1:25 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Can they be sued? Of course! Will the suit be successful? Probably not. However, the answers given previously ignore the possibility that pricing discrimination might be illegal under one or another Federal laws, e.g. the Robinson-Patman Act. The magazine might be required to justify charging more to smaller customers. It probably could do so, and thus probably would win the lawsuit. However, it ain't quite so black and white as the answers would suggest.

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Answered on 10/11/12, 9:30 am


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