5-Hour Energy Sellers Ask 9th Circ. To Revive Antitrust Fight

Gaw Poe

5-Hour Energy Sellers Ask 9th Circ. To Revive Antitrust Fight

October 27, 2026

Exterior of the James R. Browning U.S. Court of Appeals Building in San Francisco — James R. Browning U.S. Court of Appeals Building, San Francisco (May 2008). Photo: Sanfranman59 / Mike Hofmann, via Wikimedia Commons, CC BY-SA 4.0. Converted to WebP; no crop. Illustrative courthouse photograph.

Family-owned wholesalers asked the Ninth Circuit to revive antitrust claims alleging that 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.

ABOUT GAW | POE LLP

Gaw | Poe LLP is a San Francisco Bay Area boutique law firm focusing on business litigation, antitrust litigation, and appeals. Founders Randolph Gaw and Mark Poe are nationally recognized litigators who graduated from the same class at Stanford Law School. The firm has been recognized by The National Law Journal for obtaining the 37^th largest verdict in the country for 2016.

Gaw Poe

5-Hour Energy Sellers Ask 9th Circ. To Revive Antitrust Fight

ABOUT GAW | POE LLP

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