The US FTC finds violation of law with respect to the adoption of an exclusive dealing policy to maintain a monopoly position on the domestic fittings market (McWane)

Why the FTC’s McWane Opinions Raise More Questions Than They Answer* The Federal Trade Commission is meant to be, and is, an expert body on antitrust laws. So, when a case like McWane—that raises both collusion and exclusion issues—is in front of the FTC, it seems reasonable to expect to receive guidance that is more helpful than we might get from a jury or generalist judge on two questions important to those of us who counsel clients daily. Unfortunately, the two opinions in this matter raise more questions than they answer. McWane, Inc. is the only U.S. producer of ductile iron pipe fittings and one of a small number of sellers of the product in the country. McWane was accused by the FTC both of excluding its few rivals from the domestically-produced part of the market through

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Steven J. Cernak, The US FTC finds violation of law with respect to the adoption of an exclusive dealing policy to maintain a monopoly position on the domestic fittings market (McWane), 30 January 2014, e-Competitions Bulletin Exclusivity clause, Art. N° 63568

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