The Third Circuit’s recent rejection in Eisai v. Sanofi-Aventis of allegations of anticompetitive exclusive dealing arrangements in the form of a market-share discount program has been described as “another nail in the coffin” of loyalty discount liability. But to what extent did the court’s decision leave the door open to liability in future cases with different (or better) facts? Did it clarify the line between permissible pro-competitive discounting and customer coercion? Our esteemed panelists will discuss (and debate) these and many other questions raised by the decision. Steve Salop will be a panelist on the this topic.
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Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...