“Planogram” and “Category Captain” Marketing Programs Held Non-Exclusionary* Rival condom manufacturer’s antitrust claims dismissed. Church & Dwight Co., Inc. v. Mayer Laboratories, Inc., United States District Court, Northern District of California, Case No. C-10-4429 EMC (April 12, 2012). Church & Dwight Co., Inc. ("C&D"), the manufacturer of Trojan brand condoms filed a declaratory relief action in the district of New Jersey seeking a declaration that its marketing of condoms through the use of "planograms" and retailer inspired "category captain" programs was lawful. Defendant Mayer Laboratories, Inc. ("Mayer") counterclaimed, alleging the C&D’s marketing programs violated Sections 1 and 2 of the Sherman Act, the California Cartwright Act, the Lanham Act, and
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A US District Court grants a motion for summary judgment stating that the alleged exclusionary conduct constituted non-price restraints and thus subject to the rule of reason analysis (Church & Dwight / Mayer Laboratories)
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