The Federalist Society

United Stated v. Dentsply International: Putting Teeth into Exclusive-Dealing Claims?

October 4, 2005

John K. Bush

In many courts, an antitrust challenge to an exclusive contract can be called a “Rodney Dangerfield”: it gets no respect. As the First Circuit observed, “[d]espite some initial confusion, today exclusive dealing contracts are not disfavored by the antitrust laws.” They are not per se illegal in vertical relationships but rather are judged under the rule of reason. And, as the Second Circuit noted, they are “presumptively legal.” ...

United States v. Dentsply International: Putting Teeth into Exclusive-Dealing Claims  


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