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The Antitrust Review Of The Americas 2009

bundled discounts to lead to the exclusion of competitors and the leveraging of monopoly power in one market to additional markets. We document below the struggle to identify a clear standard for assessing the competitiveness of any given bundled discount programme. When ...

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Antitrust Definition - Investopedia

Antitrust laws are the laws that apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution and marketing. They prohibit a variety of ...

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U.S. Antitrust Policy | Council On Foreign Relations

An antitrust analysis of bundled loyalty discounts☆ Patrick Greenleea,⁎, David Reitmanb, David S. Sibleyc a U.S. Department of Justice, 600 E Street NW, Suite 10000, Washington DC 20530, USA b CRAI, 1201 F Street NW, Suite 700, Washington DC 20004, USA c Economics Department, University of Texas at Austin, 1 University Station #C3100, Austin TX 78712, USA

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Two Tales Of Bundling: Implications For The ... - Policy

Two Tales of Bundling: Implications for the Application of Antitrust Law to Bundled Discounts. Competition Policy and Antitrust. Article Snapshot. Author(s) Bruce Kobayashi. Source. Antitrust Policy and Vertical Restraints, Robert Hahn, ed., AEI-Brookings, 2006, pp. 10-37 ... The need for more complex models means that courts at the moment must ...

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Antitrust Restrictions On Bundled Discounts: Cascade ...

PeaceHealth, No. 05-35627. PeaceHealth addresses the important issue of whether a dominant firm''s bundled discounts can constitute anticompetitive acts in violation of Section 2 of the Sherman Act. The Ninth Circuit, largely adopting the analysis of bundling set forth in the recent report of the Antitrust Modernization Commission, held that ...

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"Bundling" And "Loyalty Discount" Claims Continue To ...

A well-attended program on antitrust treatment of bundled pricing and loyalty discounts at the American Bar Association Antitrust Section Spring Meeting highlighted the confusion generated by the antitrust law implications. United States Anti-trust/Competition Law Dentons 26 Apr 2013 ... "Bundling" And "Loyalty Discount" Claims Continue To ...

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9th Circuit Rules On Application Of Antitrust Law To ...

9th Circuit Rules on Application of Antitrust Law to Bundling Discounts. September 4, 2007. The U.S. Court of Appeals (9thCir) issued its opinion [58 pages in PDF] in McKenzie v. PeaceHealth, vacating the key parts of the judgment of the District Court, and rejecting its analysis, as well as that of the 3rd Circuit en banc in LePage''s v. 3M. ...

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''PeaceHealth: An Evolutionary Step In The Antitrust ...

ANTITRUST PRACTICE GROUP PeaceHealth: An Evolutionary Step in the Antitrust Analysis of Bundled Discounts Christine L. White, Esquire Crowell & Moring LLP New York, NY Heather Good, Esquire Cleary Gottlieb Steen & Hamilton Washington, DC Bundled discounting-such as a burger with fries and a soda, or phone service with

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Bundling (antitrust Law) - Wikipedia

Bundling is the setting of the total price of a purchase of several products or services from one seller at a lower level than the sum of the prices of the products or services purchased separately from several sellers. Typically, one of the bundled items (the "primary product") is available only from the seller engaging in the bundling, while the other item or items (the "secondary product ...

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VIEWPOINT: ANTITRUST ANALYSIS OF BUNDLED ...

the best policy response - I believe it''s too soon to conclude that antitrust tribunals should grant a pass to all above-cost bundled discounts. The argument for per se legality assumes that the search for exclusionary bundled discounts is not worth the effort - either

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Bundled Discounts And Antitrust Compliance

Bundled Discounts and Antitrust Compliance ... which was defined as more complex services like invasive cardiovascular surgery and intensive neonatal care. Id. 21 ¢In Lane County, PeaceHealth controlled 90% of the market for ... theory, for a ...

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ANTITRUST BY ANALOGY: DEVELOPING RULES FOR ...

ANTITRUST BY ANALOGY: DEVELOPING RULES FOR LOYALTY REBATES AND BUNDLED DISCOUNTS SEAN P. GATES* Though analogy is often misleading, it is the least misleading thing we have. -Samuel Butler Economics has come to dominate antitrust jurisprudence. Preserving and enhancing economic welfare (in one form or another) is now the conceded goal of ...

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Bundled Discount | Antitrust Watch

Bundled discount Ninth Circuit Grounds Aftermarket Claims, Refusing to Stretch Antitrust Theories and Reminding Plaintiffs That Allegations Must ...

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Author Page For Erik Hovenkamp :: SSRN

Complex Bundled Discounts and Antitrust Policy. Buffalo Law Review Vol. 57, No. 3, 2009 ... Abstract: Antitrust, Monopoly, Sherman Act, Bundled Discount, Predatory Pricing, Tying. 7. Exclusionary Bundled Discounts and the Antitrust Modernization Commission. ... Erik Hovenkamp and Norman Siebrasse.

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Bundled Discounts And Antitrust Compliance Amid ...

Bundled Discounts and Antitrust Compliance Amid Inconsistent Court Treatment and Heightened DOJ Scrutiny Today''s faculty features: ... that made 3M''s bundled discount anticompetitive may ... "tertiary care," which was defined as "more complex services like invasive cardiovascular surgery and intensive neonatal care."

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Can Bundled Discounts Be Illegal ... - AntitrustConnect Blog

Bundled discounts are common marketing schemes that normally benefit consumers and competition; however, courts and commentators have found certain circumstances when they might be illegal monopolization. The line between hard competition and exclusionary conduct has confounded antitrust counselors and their pricing clients for years, but, it seemed like only companies with ...

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How Should The Antitrust Laws Analyze Loyalty Discounts ...

Note: It doesn''t under federal law anymore, but watch out for state antitrust law. The article examines how a court would analyze loyalty discounts (single product discount) and bundled rebates (a discount applied across product lines) by applying existing rules for exclusive dealing, tying, and predatory pricing.

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Antitrust & Trade Regulation Report - Latham & Watkins

Antitrust Practice. She focuses on antitrust litigation, government reviews of merger and acquisitions, antitrust compliance and coun-seling, and government investigations. Tienlon Ho is an associate in the San Fran-cisco ofice of Latham & Watkins and member of the Litigation & Trial Department with broad experience in complex commercial liti-

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Federal Trade Commission

Bundled rebates conditioning the discount level upon satisfying volume, market-share, or shelf space share thresholds ... Vertical Antitrust Policy as a Problem of Inference, 23 NTI ... price elements - present an interesting and complex challenge for antitrust law. The y

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Number 635 October 11, 2007

based on a bundled discount without proof that the defendant was pricing below cost. A report by the bipartisan Antitrust Modernization Commission criticized LePage's, and the Ninth Circuit's PeaceHealth decision accepted in part the recommendations of that Commission, creating a circuit split. PeaceHealth gives relatively clear

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Bundled & Loyalty Discounts Under The Microscope At DOJ ...

Bundled & loyalty discounts under the microscope at DOJ/FTC workshop ... a dominant seller might use a loyalty discount to buyers who purchase all or a€

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FTC And DOJ Signal Interest In Loyalty And Bundled ...

On June 24, leading antitrust economists and attorneys participated in a Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ) a€

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About Us | Antitrust Watch

About Us Our Blog Orrick's Antitrust Watch blog is a one-stop resource to help practitioners and in-house counsel weed through the daily avalanche of news, and also to provide in-depth analysis and commentary on major developments in antitrust and competition law.

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FTC And DOJ Signal Interest In Loyalty And Bundled ...

Bill Baer, Assistant Attorney General of the DOJ's Antitrust Division, and Maureen Ohlhausen, FTC Commissioner, opened the workshop by identifying the treatment of loyalty and bundled discounts as a complex issue. They noted a lack of consensus on the subject a€

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Fidelity And Bundled Rebates And Discounts 2008

(1) In a "bundled" discount, a combination of products is offered at a lower price than the sum of the prices of the components of the bundle. A "loyalty" discount is a lower price offered to customers who buy more than a threshold volume. This roundtable focused on the potential anti-competitive impact of certain discounting practices.

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Antitrust - Ninth Circuit Vacates Jury Verdict In ...

A "bundled discount" then occurs "when a firm sells a bundle of goods or services for a lower price than the seller charges for the goods or services purchased individually." The court noted that bundled discounts are "pervasive" and frequently result in savings for both buyers and sellers.

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Antitrust Policy And Vertical Restraints

Antitrust Policy and Vertical Restraints. Brookings Institution Press, 2007. ... application of antitrust law to bundled discounts 11 2. See generally Telser (1972), discussing the relationship of advertising and competition. ... simple bright-line rules may dominate more complex tests that attempt to differentiate procompetitive from ...

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Chapter 5 : Antitrust Issues In The Tying And Bundling Of ...

CHAPTER 5: ANTITRUST ISSUES IN THE TYING AND BUNDLING OF INTELLECTUAL PROPERTY RIGHTS. ... A bundled sale typically refers to a sale in which the products are sold only in fixed proportions (e.g., ... s a matter of longstanding antitrust policy, both the Department of Justice and the Federal Trade Commission have rejected the presumption that ...

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Www.theantitrustattorney.com

and -,cneflts of bundled discounts): Lambert, supra note 10 at 1726 ("an above-cost bundled discount always provides some Herbert J. Hovenkamp N. Bundled Discounts and Antirrust Policy p. 2 (Univ. of Iowa Legal Studies Research paper No. 09-07, March 2009) a€

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Ninth Circuit Issues Important Decision On Bundled ...

On September 4, 2007, the Ninth Circuit issued an important decision concerning the antitrust treatment of bundled discounts, the common practice of providing greater discounts in exchange for purchasing a range of products or services. United States Anti-trust/Competition Law Mayer Brown 14 Sep 2007

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