Drink Maker Loses High Court Bid to Review Costco Pricing Case

The US Supreme Court declined to review a challenge to the Ninth Circuit’s ruling that revived antitrust claims accusing the maker of 5-Hour Energy drinks of giving wholesale price breaks to Costco Wholesale Corp.

Living Essentials, the maker of 5-Hour Energy drinks, asked the high court in April to review a US Court of Appeals for the Ninth Circuit’s decision to reverse a district court ruling that found the company’s discounts to Costco didn’t amount to illegal price discrimination.

At issue was whether the beverage maker violated the Robinson-Patman Act by selling 5-Hour Energy to Costco for lower prices ...