Guidelines For Avoiding Anti-Competitive Bundling
PeaceHealth addresses the important issue of whether a dominant firm's bundled discounts can constitute anti-competitive acts in violation of Section 2 of the Sherman Act.
The Ninth Circuit, largely adopting the analysis of bundling set forth in the recent report of the Antitrust Modernization Commission, held that bundled discounts are anti-competitive only if the discount results in below-cost pricing....
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