Ninth Circuit Adopts a Cost-Based Standard to Evaluate Whether a Competitor’s Bundled Discounts Are Anticompetitive

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The Ninth Circuit recently issued an important antitrust decision (McKenzie-Willamette Hospital v. PeaceHealth) that establishes a cost-based standard to evaluate whether a “bundled discount” program violates U.S. antitrust law - namely the prohibition against monopolization and attempts to monopolize in Section 2 of the Sherman Act. The Ninth Circuit’s decision is notable for several reasons:

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