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To: fastpathguru who wrote (226379)2/19/2007 1:08:07 PM
From: misenRead Replies (1) | Respond to of 275872
 


* You need to think in terms of a post-3m/LePage's world, where the results of that trial overturned the "strict" notion that "above-cost" sales are always legitimate. 3M banked on just such a defense and lost... Miserably. That was '03, I believe, and your reference harkens back to the much more innocent and naive 20th century... :)


Wasn't the basis for the 3M-LePage decision section 2 of Sherman Antitrust for exclusionary behavior? And therefore the "above-costs" consideration of RPA proposed by 3M was not addressed?

Misen