Overturning a $68 million verdict, a divided federal appeals court ruled Monday that office supply giant 3M did not violate antitrust laws in its competitive efforts in the market for transparent tape because it never priced its products below cost.
But a dissenting judge complained the ruling would “weaken Section 2 of the Sherman Act to the point of impotence,” and that her colleagues were imposing new hurdles for antitrust plaintiffs that will harm competition.
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