3 Tricky Questions To Ask Before Selling Discounted Bundles

Law360, New York (April 16, 2015, 10:07 AM EDT) -- From corner taco stands to corner offices, the discounted product bundle is ubiquitous. McDonald's offers Extra Value Meals. Microsoft offers Office. Morgan Stanley offers Prime Brokerage. Like countless companies, these businesses sell bundles of products (whether goods, services or both) for less than they would charge for the same items individually. But a recent decision by the U.S. Sixth Circuit Court of Appeals in Collins Inkjet Corp. v. Eastman Kodak Co. demonstrates that antitrust issues can unwittingly become a part of the package. Accordingly, any company selling discounted bundles of products must review its offerings with antitrust counsel to ensure that these bundles are sold in compliance with new, often-changing judicial interpretations of the antitrust laws....

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