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Expert Analysis

Manufacturers Need To Mitigate Risk Of Price Bias Claims

By Morgan Nickerson, Michael Murphy and Jack Brodsky ( April 12, 2019, 2:10 PM EDT) -- Rebates and other volume discounts are a frequent practice in businesses today. While few manufacturers recognize that pure volume discounts and other forms of rebates — unless designed and implemented properly — can run afoul of the antitrust laws, resellers have quickly realized just that. As we highlighted in a Law360 guest article last year,[1] a recent spate of Robinson-Patman Act lawsuits have highlighted the need for manufacturers to evaluate their pricing strategies and ensure that documented justifications or "defenses" exist for any rebates and discounts offered to their resellers....

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