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3M Co. v. LePage's Inc.
(U.S. Supreme Court)
Antitrust implications of bundled rebates
The NAM joined with the Washington Legal Foundation 7/28/03 to support 3M's petition for Supreme Court review of a Third Circuit decision that allows monopolization suits against 3M for giving "bundled rebates" to retailers, even though the products were sold to them above the manufacturer's cost. Our brief sought a bright-line rule that provides manufacturers with some greater certainty that reducing prices will not be subject to antitrust challenge. On 6/29/04, the Court declined to hear the appeal.
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