LawRegulatory PolicyAntitrust LawCompetition PolicyDamagesAntitrust ViolationsJury TrialAnticompetitive AgreementsEn Banc DispositionFederal Trade Commission RegulationJury Courts
Bundling and tying arrangements are widespread in our economy.These practices have come under scrutiny by the courts, which have on occasion concluded that particular arrangements are anticompetitive.'One particular form of bundling, the bundling of rebates, has received a great deal of attention recently in light of the jury's decision and the ensuing en banc opinion by the Third Circuit in LePage's Inc v 3M (Minnesota Mining and Manufacturing Co).' In the district court case, the jury held 3M liable for engaging in practices that violated 2 of the Sherman Act.' Despite substantial public criticism of the jury verdict and the Third Circuit opinion, the Supreme Court was encouraged not to pursue the case by a joint submission from the Department of Justice (DOJ) and the Federal Trade Commission (FTC).The agencies argued against certiorari, encouraging the Court to wait t