It is hard to imagine how the 8th Circuit’s conclusion that Linkline categorically approves above-cost bundled rebates could be reconciled with LePage’s holding that rebate programs may qualify as exclusionary if they force competitors out of the market, even if they do not result in below-cost pricing.
An August decision by the 8th U.S. Circuit Court of Appeals has dealt another blow to the continued vitality of the 3rd Circuit’s seven-year-old en banc opinion in LePage’s Inc. v. 3M.
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