Antitrust Liability From Bundled Rebate Plans

Law360, New York (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.

LePage's...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.