Circuit Split On Market Share-Based Discounts Remains

Law360, New York (May 3, 2013, 6:31 PM EDT) -- On April 29, 2013, the U.S. Supreme Court refused to review the Third Circuit’s 2012 ruling in ZF Meritor LLC v. Eaton Transmission Corporation, which held that a dominant supplier of heavy duty truck transmissions violated the antitrust laws by offering above-cost loyalty discounts to its customers.

Though the court is not shying away from antitrust issues this term (it will soon rule on the legality of “reverse payment” patent infringement settlements, and it has already spoken on the scope of state action immunity[1]), its unwillingness...
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