FTC's Wright Backs 3rd Circ.'s Test In Meritor-Eaton

Law360, New York (June 4, 2013, 5:50 PM EDT) -- Though the Third Circuit's decision to treat a truck parts maker's monopolization lawsuit against Eaton Corp. as an exclusive dealing case raised the hackles of a slew of prominent antitrust academics, the controversial ruling won praise Monday from Federal Trade Commission Commissioner Joshua Wright.

The Third Circuit stoked a split among the federal appeals courts in late 2012 when it opted to treat Meritor Transmission Corp.'s claims over loyalty discounts Eaton offered its customers as de facto exclusive dealing instead of applying the so-called price-cost test....
To view the full article, register now.