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Eamon O'Kelly, a partner with Dewey & LeBoeuf, and Steven Levitsky, counsel at the firm, write that every product has its own distribution priorities: resale price maintenance, bundled discounting, and non-price issues such as shelf space, displays or minimum inventory. Pricing issues are always more sensitive and will attract more sharks, but even non-price distribution restrictions, although mostly upheld by courts, are not per se legal.
May 11, 2009 at 12:00 AM
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