Federal Trade Commissioner Joshua Wright has stated that loyalty discounts made between retailers and suppliers should be considered a form of exclusive dealing on a consistent basis by the FTC. The remarks were made in a speech delivered by Commissioner Wright on Monday at the Bates White 10th Annual Antitrust Conference in Washington, D.C. According to Wright, ‘excusive dealing law is superior to price-cost legal standards for evaluating loyalty discounts,” and loyalty discounts could harm competition if not analyzed under the exclusive dealing framework. Going forward, said Write, the FTC should apply such an exclusion-based framework of analysis as opposed to a price predation approach. CPI has acquired the full speech delivered by Commissioner Wright, which can be accessed through the link below.
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