Cascade Health Solutions v. PeaceHealth: Ninth Circuit Adopts a New Position on Bundled Discounts

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Daniel Crane, Sep 19, 2007

On September 4, 2007, the Ninth Circuit issued its widely-anticipated decision in Cascade Health Solutions v. PeaceHealth, which concerns the treatment of bundled discounts under Section 2 of the Sherman Act. The PeaceHealth decision squarely rejects the approach to bundled discounts taken in the Third Circuit’s en banc decision in LePage’s, Inc. v. 3M, 324 F.3d 141 (3d Cir. 2003) and instead the Ninth Circuit took the highly unusual step in Cascade of calling for amicus curiae briefing on antitrust treatment of bundled discounts.

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Crane (Sept. 2007)