Ninth Circuit Defines Antitrust Standard for Bundling

October 01, 2007

The antitrust rules governing bundling, the sale of a group of products at a discount to customers purchasing the entire bundle, have long been unclear, particularly after the Third Circuit’s decision in LePage’s v. 3M. While bundling is a common practice, the circumstances in which it might carry a serious antitrust risk have never been clearly defined, and an adverse verdict, though rare, could result in exorbitant damages.

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