Discounts and Exclusions

Hovenkamp, Herbert

Journal: Utah Law Review

Volume: 2006

Year: 2006

Bluebook Citation: 2006 UTAH L. REV. (2006)

Author: Herbert J. Hovenkamp: all 71 publications


Abstract

The Sherman Act Section 2 law of discounting and bundling today is moving in the right direction. However, decisions such as LePage's in the Third Circuit indicate that the courts have yet to develop a set of concrete, administrable rules that will not deter firms from engaging in aggressive but procompetitive behavior.

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