Rejecting 'Bundling' Claims In The 9th Circ.

Law360, New York (January 4, 2010, 1:37 PM EST) -- In two recent cases, federal courts in the Ninth Circuit rejected plaintiffs’ claims that alleged “bundling” practices violated the antitrust laws.

In the first, Masimo v. Tyco Health Care Group LP, the Ninth Circuit Court of Appeals held that a competitor-plaintiff could not maintain an action based on the defendant’s bundled discounts on certain medical devices where plaintiff had failed to allege (or prove) either that such discounts were predatory or that they foreclosed competition in the relevant market.[1]

In the second, Brantley v. NBC Universal...
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