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Jul. 5, 2023

FTC seeks to clarify legal standards on bundling

“In defending the charges, Medtronic makes arguments that have broad implications for antitrust enforcement in the health care sector and beyond. Some of these arguments are wrong,” FTC attorney Nicholas A. Leefer wrote in an amicus curiae brief.

The Federal Trade Commission filed an amicus curiae brief on Monday in an unfair competition lawsuit between two medical device companies to “clarify legal standards that apply in antitrust cases involving exclusive dealing and bundling arrangements.”

Represented by attorneys at Knobbe Martens Olson & Bear LLP, Applied Medical Resources Corp. sued Medtronic Inc. this year, accusing it of conspiring to “bundle” advanced bipolar energy d...

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