McWane Cert. Loss Leaves Uncertainty For Exclusive Dealing

By Jeff Zalesin (March 21, 2016, 9:19 PM EDT) -- The U.S. Supreme Court's decision on Monday not to review an Eleventh Circuit finding that McWane maintained monopoly power through a rebate policy disappointed some antitrust lawyers who had hoped for guidance on what to tell clients who are grappling with exclusive contracting.

McWane Inc., a maker of pipe fittings and other industrial products, had asked the high court to consider questions about when monopoly power can be found and what kinds of exclusive-dealing arrangements a dominant company must avoid. McWane was far from the only company asking such questions, leading some attorneys to root for the justices to take the...

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