In this issue:

Treatment of Single-Product and Bundled Rebates in the EC

Laurent Geelhand, Johanne Peyre, Jun 10, 2008

Michelin welcomes the European Commission’s will to correct its controversial application of Article 82 EC, but regrets its over-regulation-triggered lack of immediate improvement for dominant companies

The European Commission has long rendered famous the name of Michelin to antitrust practitioners by condemning its rebate system.

Christian Roques, Jun 10, 2008

Bundled Discounts and EC Judicial Review

The Community Courts’ case law is rich with cases relating to tying or bundling practices in their classical economic form. However, the same cannot be said for the second acceptance of bundled discounts.

Renato Nazzini, Jun 10, 2008

Anticompetitive Rebates in EC Competition Law: A Way Forward?

One area of EC competition law that has been particularly controversial in recent years is the application of Article 82 of the EC Treaty to allegedly anticompetitive rebates.

Bundled Rebates, LePage’s and PeaceHealth in the U.S.

Ted Frech, Jun 10, 2008

Some Thoughts on Bundled Rebates and Exclusionary Policies

Bundling and related exclusionary practices are both common in the economy and often challenged under the antitrust laws.

Benjamin Klein, Jun 10, 2008

Bundled Discounts as Competition for Distribution

The goal of this article is to begin to fill this gap in our economic understanding by outlining the possible efficiencies associated with bundled discounts.

M. Laurence Popofsky, Jun 10, 2008

Drawing a Line between Bundling and Contractual Exclusion under the Sherman Act

Both LePage’s and, less obviously, PeaceHealth addressed price competition without more. The crux of the problem is that the price versus contract distinction matters.

Jonathan Rubin, Jun 10, 2008

Bundling as Exclusionary Pricing to Maintain Monopoly

A controversy in antitrust policy is raging over two principal and competing approaches to liability rules for bundling.