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Market Power, Consumer Harm and Exclusive Dealing with DistributorsBy Jonathan M. Jacobson of Akin Gump Strauss Hauer & Feld LLPThe last few years have given rise to a number of significant cases involving suppliers' exclusive dealing arrangements with distributors. Some of these, including the Justice Department's case against Dentsply, have been litigated as traditional vertical exclusive dealing cases under Section 1 of the Sherman Act. Others, most prominently including Microsoft, addressed exclusive dealing in the context of monopolization claims under Section 2.
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