Evaluating Bundled Discounts

摘要: Bundled discounts - conditioned upon purchasing products from multiple product markets present a dilemma for antitrust scholars: on the one hand, they result in lower prices and therefore provide immediate benefits to consumers; other even above-cost (i.e., non-predatory) bundled may cause long-run consumer harm by foreclosing competitors that are as efficient discounter but do not sell broad line of products. Courts need an evaluative approach would identify condemn only those likely long-term driving out rivals. The must also be easily administrable so avoid chilling procompetitive discounting behavior. This article identifies critiques five attempts courts commentators have made at articulating such and, finding each lacking, proposes alternative approach. proposed presume legality permit presumption rebutted plaintiff proved certain facts demonstrating it had fully exhausted its competitive options was, or was become, discounter. recommended include clear safe harbors ensure is discouraged.