Crafting an appropriate standard for measuring competitive impact in bundling cases
By Brian P. Norton
April 2006
In the first of three antitrust decisions this term, the Supreme Court, in a 7-2 opinion written by Justice Ginsburg, held that a manufacturer may not be held liable for secondary-line price discrimination under the Robinson-Patman Act in the absence of a showing that the manufacturer discriminated between dealers competing to resell its product to the same retail customer.
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