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ARTICLE · 29 JUNE 2010

Antitrust Treatment of Bundled Discounts in US: A Case Analysis

Discounts and rebates have been a longstanding practice of sellers in order to lure customers to buy their products.

United StatesAntitrust/Competition Law
J. Parthsarathi
J. Parthsarathi
S. Seetharaman
S. Seetharaman

Discounts and rebates have been a longstanding practice of sellers in order to lure customers to buy their products. The practice goes by various different names, often used interchangeably,1 as loyalty or fidelity discounts/rebates, quantity or volume discounts/rebates or bundled discounts/rebates. Loyalty discounts or rebates are agreements whereby a seller gives discounts to buyers on fulfilling a condition in purchase which may range from buying some percentage of the relevant product from the seller to buying all of it. Discounts are generally offered on individual transactions, while rebates are normally deductions or cash payments made retrospectively to a customer in accordance with the latter's purchases over a period of time.2 However these terms are used interchangeably in competition law literature. Scholars opine that the terminology of discount or rebate may be misleading as it suggests that these schemes offer lower price to buyer, which may not be true

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