The US Court of Appeals for the 8th Circuit follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital)

Are the Courts Moving Toward a Consensus on Bundled Discounts and §2 of the Sherman Act?* The Eighth Circuit’s recent decision in Southeast Missouri Hospital v. C.R. Bard, Inc., ___ F.3d ___, 2010 WL 3220600 (8th Cir. Aug. 17, 2010), aligns this Circuit with the Ninth Circuit’s decision in Cascade Health Solutions v. PeaceHealth, 515 F.3d 883, 906-07 (9th Cir.2008).. Under those decisions the Sherman Act tests for exclusion by means of a bundled discount is the so-called “attribution,” test, in which the entire discount is attributed to the “exclusion product,” which is the one from which rivals are allegedly excluded. If the

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  • University of Pennsylvania (Old Westbury)

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Herbert J. Hovenkamp, The US Court of Appeals for the 8th Circuit follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital), 17 August 2010, e-Competitions August 2010, Art. N° 36406

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