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The Atlantic Divide in AntitrustAn Examination of US and EU Competition Policy$
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Daniel J. Gifford and Robert T. Kudrle

Print publication date: 2015

Print ISBN-13: 9780226176109

Published to Chicago Scholarship Online: September 2015

DOI: 10.7208/chicago/9780226176246.001.0001

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Bundled Discounts

Bundled Discounts

(p.139) 8 Bundled Discounts
The Atlantic Divide in Antitrust

Daniel J. Gifford

Robert T. Kudrle

University of Chicago Press

This chapter explores the U.S. approaches to bundled discounts as illustrated by the LePage’s decision, the earlier Ortho decision and the disapproval of the LePage’s decision by the Antitrust Modernization Commission. It also examines the European Commission’s approach as manifested in its Guidance and the application of the “suction effect” to bundled discounts. It compares the usage of the equally efficient competitor test in both jurisdictions and discusses the derivation of that test from predatory pricing analysis. In addition, the chapter relates the discount attribution rule of the Antitrust Modernization Commission to the EC’s Guidance. Finally, the chapter examines bundled discounts in the light of their welfare effects.

Keywords:   Antitrust Modernization Commission, predatory pricing, LePage’s decision, Ortho decision, equally efficient, attribution

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