In Southeast Missouri Hospital v. C.R. Bard, Inc., the Eighth Circuit passed on an opportunity to choose a bundled discount test and instead focused on the proper market for the products at issue. This Note first explores the bundled discounts and contracts at issue in the instant decision. It then provides a detailed explanation of bundled discounts and the various tests proposed for them, as well as an explanation of the Eighth Circuit’s precedent concerning bundled discounts. The Note concludes by analyzing the instant decision and discussing why the court should have addressed bundled discounts in its opinion and the consequences of its failure to do so.
Melissa A. Cullmann,
Eighth Circuit Bungles Bundled Discounts: The Court Avoids Resolving Bundled Discounts Note ,
78 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol78/iss1/7