The US Supreme Court denies defendants’ petition for certiorari with respect to a decision of the Third Circuit raising significant issues as to how a court should analyze “market share discounts” by a dominant firm (ZF Meritor / Eaton)

On April 29, 2013, the U.S. Supreme Court denied defendant’s petition for certiorari with respect to the Third Circuit’s 2012 decision in ZF Meritor LLC v. Eaton Corp. (696 F.3d 254). Since the case raised significant issues as to how a court should analyze “market share discounts” by a dominant firm, the Third Circuit decision (and the unsuccessful effort to seek certiorari) merits discussion. Eaton is the leading supplier of heavy-duty (HD) truck transmissions in North America and was the only significant manufacturer until Meritor entered the market in 1899. By 1999 Meritor had obtained approximately 17% of the market for sales of HD transmissions. In mid-1999, Meritor and ZF Friedrichshafen, a leading supplier of HD transmissions in Europe formed the joint venture ZF Meritor, and

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  • Cornell University

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George Hay, The US Supreme Court denies defendants’ petition for certiorari with respect to a decision of the Third Circuit raising significant issues as to how a court should analyze “market share discounts” by a dominant firm (ZF Meritor / Eaton), 29 April 2013, e-Competitions Bulletin April 2013, Art. N° 52728

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