Antitrust -- 2016



McWane, Inc. v. FTC   (U.S. Supreme Court)

Antitrust legal standards that apply to exclusive dealing arrangements

The NAM filed an amicus brief urging the U.S. Supreme Court to provide guidance on exclusive dealing arrangements between distributors. The Federal Trade Commission brought an enforcement action against a ductile pipe fittings manufacturer alleging that the manufacturer violated antitrust laws because it monopolized the domestic pipe fittings market by announcing that it might temporarily suspend its traditional rebate to any distributors who sold products from other manufacturers and cease providing its domestic pipe fittings to distributors who purchased domestic pipe fittings from competitors. This litigation is important to manufacturers because lack of clarity regarding the legality of exclusive-dealing arrangements discourages manufacturers and suppliers from entering into those arrangements, which in turn chills pro-competitive conduct. The NAM’s brief highlighted the importance of exclusive dealing arrangements and their pro-competitive traits. Unfortunately, the Court declined to hear this appeal.


Related Documents:
NAM amicus brief  (December 30, 2015)