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.