Case Study: Church & Dwight V. Mayer Laboratories

Law360, New York (June 18, 2012, 1:10 PM EDT) -- The United States District Court for the Northern District of California recently demonstrated the difficulty a plaintiff can face in challenging a manufacturer’s above-cost discounting program, even when the manufacturer has a very large market share.[1]

The case involved Church & Dwight Co. Inc. (C&D), the manufacturer of Trojan-brand condoms and market leader with approximately 75 percent of the market for retail condom sales in the United States.[2] C&D had a “planogram” or “POG” program, an above-cost rebate off of the manufacturer’s wholesale price earned by...
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