The Girl Scouts and Section 5
It turns out that the Girl Scouts price discriminate, i.e. they charge different prices for the same product in different parts of the country (HT: Knowledge Problem). Rumor has it that demand for Thin Mints varies by region. While the Girl Scouts concede that the introduction of the price discrimination scheme results, when coupled with Girl Scout marketing efforts, is tantamount to the evading pricing constraints imposed by current demand conditions. No word on whether the Girl Scouts have hired antitrust counsel in light of the Commission’s pushing of this definition of actionable antitrust conduct in N-Data and Ovation (amongst other cases).