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Three years ago, the 3rd U.S. Circuit Court of Appeals’ controversial en banc decision in LePage’s Inc. v. 3M brought forth a torrent of — mostly critical — analysis from the antitrust commentariat. There were multiple warnings regarding the expected “LePage’s effect” — an undue chilling of aggressive pricing practices by low-cost but high-market-share companies and an undue coddling of high-cost but smaller-market-share rivals. The Supreme Court’s denial of certiorari left other courts and antitrust counsel to sort out the practical implications.

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