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To: fastpathguru who wrote (252159)5/20/2008 4:45:07 PM
From: Sarmad Y. HermizRespond to of 275872
 
c'mon fpg. LePage was not about pricing or cost formulae at all. it was about illegal tying, without any consideration of cost.

abanet.org

the Third Circuit literally rejected the relevance of price in assessing 3M’s bundled rebates. Far from applying below-cost pricing analysis as 3M advocated, the en banc court said that the appropriate inquiry is whether 3M’s bundled rebates constituted exclusionary conduct.


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