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Antitrust Liability From Bundled Rebate Plans

Law360 (October 27, 2008, 12:00 AM EDT) -- Five years ago, in LePage’s Inc. v. 3M, 324 F.3d 141 (3d Cir. 2003) (en banc), cert. denied, 542 U.S. 953 (2004) the Third Circuit affirmed a jury award finding that 3M had committed acts of monopolization in the transparent tape market through use of a bundled rebate plan.

The lack of defined parameters of what facts could create antitrust liability made antitrust counseling on bundled rebate plans a nightmare. Five years later, several developments have provided antitrust counselors with additional, although imperfect, guidance.

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