To: Saturn V who wrote (252199 ) 5/21/2008 2:23:27 AM From: fastpathguru Read Replies (1) | Respond to Saturn V (and SYH),foley.com in this case .mofo.com Fourth, while the discount attribution standard by the Ninth Circuit provides clearer guidance to firms engaged in bundled discounting practices than the standards in LePage’s or Ortho, the rule also has the potential to classify more pricing behavior as anticompetitive than either the aggregate discount rule or the Ortho standard. Thus, companies with large market shares should carefully evaluate the potential antitrust risks of bundled rebates or similar discount programs in light of the Ninth Circuit’s decision. mofo.com While there is an ongoing debate among antitrust scholars and economists as to whether the Ninth Circuit’s “discount attribution” standard is the most “appropriate” measure of cost to use when evaluating the lawfulness of a bundled discount pricing policy, the standard does provide businesses with a clearer and more objective standard than those adopted by the courts in LePages’s and Ortho Diagnostic because it examines the pricing practices from the perspective of the defendant’s cost.
