Don’t Rock The Concord Boat

Law360, New York (July 7, 2011, 4:43 PM EDT) -- When the Solicitor General urged the U.S. Supreme Court not to grant certiorari in the LePage’s v. 3M case, it argued that, despite the benefits for the business community and consumers of guidance on the application of § 2 to bundled rebates, the “meager case law addressing bundled rebates offers little assistance in determining how alternative standards might work in practice.”[1] It therefore implicitly suggested that the time might have been ripe for the Supreme Court to weigh in after the lower courts developed the law...
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