This Summary will analyze the reasoning utilized in the various district court decisions since LePage's and will seek to illustrate how those courts have dealt with a lack of clear foundation as to how to handle bundling claims under the antitrust laws. Furthermore, this summary will attempt to determine specific reasons why the LePage's decision has failed to provide a proper approach to determining the legality of bundled discounts. Finally, the Summary will conclude that the Supreme Court should grant certiorari in order to provide both the district and circuit courts with guidance as to how they should balance between both the procompetitive and anticompetitive effects of bundled discounts.
John H. Kilper,
Bundle of Trouble: An Analysis of How the Lower Courts Have Handled Bundled Discounts Since LePage's Inc. v. 3M, A,
72 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol72/iss4/13