Product Pricing and Antitrust Law in the United States -
A recent US court action by a Japanese company in respect of a competitor’s volume discounts -
Introduction -
The current position in the US on the rules governing price competition is uncertain, and even prices above cost may create antitrust risks.
Recent decisions by the influential US Court of Appeals for the Third Circuit are at the center of this debate, and the most recent has seen Eisai’s US subsidiary take action alleging that a competitor’s volume discounts violated US antitrust laws.
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