15 Pages Posted: 3 Dec 2006
Date Written: November 29, 2006
The Third Circuit's decision in Lepage's v. 3M created a great deal of uncertainty about the legality of so-called bundled discounts - i.e., discounts (or rebates) conditioned upon purchasing multiple products from disparate product markets. This paper, prepared for a joint Department of Justice/Federal Trade Commission hearing on single-firm exclusionary conduct, describes the competitive risk bundled discounts present, summarizes and critiques the six leading approaches courts and commentators have proposed for evaluating the legality of such discounts, and proposes an alternative evaluative approach.
Keywords: bundling, bundled discounts, loyalty discounts, loyalty rebates, monopolization, antitrust, sherman act
JEL Classification: K21, L12, L41, L42
Suggested Citation: Suggested Citation
Lambert, Thomas A., Antitrust Analysis of Bundled Discounts (November 29, 2006). University of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-39. Available at SSRN: https://ssrn.com/abstract=948484 or http://dx.doi.org/10.2139/ssrn.948484