Recently by Scott Martin
A Rule Of Reason For Vertical Price Fixing - Part II
This is the second half of an examination, begun in last month's issue, of the Supreme Court's recent rejection in the Leegin case of its 96-year-old rule against resale price maintenance ("RPM"). In this installment, the authors assess the potential practical ramifications of the decision in the U...
Read MoreA Rule Of Reason For Vertical Price Fixing - Part I
This first installment of a two-part article examines the legal underpinnings of the Supreme Court's recent rejection of an antitrust rule against resale price maintenance ("RPM"), in place for 96 years. One of my most vivid memories of law school remains the class that my antitrust professor (...
Read MoreAntitrust In Distribution - Tying, Bundling And Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part II
Editor's Note: This panel captures some of the high points of presentations of the interviewees at a seminar held on March 2 as part of an Antitrust Seminar Series sponsored by Weil Gotshal & Manges LLP. Part I of these interviews (including Mr. Weinschel's comments on tying, bundling and...
Read MoreAntitrust In Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I
Editor: Alan, please describe the elements of a per se "tying" violation under the Sherman Act. Weinschel: The first element is that there must be two separate products. The second element is proof that there was a forced sale, i.e., the sale of one product is conditioned on the purchaser also...
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