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Antitrust Keyed to Gavil, 5th Ed.
McWane, Inc. v. Federal Trade Commission
Citation:
783 F.3d 814 (2015)Facts
Pipe fittings are commodity products used in waterworks projects and sold primarily through distributors to municipal water authorities. From 2006 until Star’s entry in 2009, McWane was the only supplier of domestic fittings, which were required for projects with domestic-only specifications. When Star announced its entry into the domestic fittings market in 2009, McWane responded by implementing its “Full Support Program,” which threatened distributors with loss of rebates and a 12-week cutoff from McWane products if they purchased domestic fittings from competitors. Internal documents revealed McWane’s express purpose was to prevent Star from reaching “critical market mass.” The program was enforced against at least one distributor, and major distributors like HD Supply and Ferguson prohibited their branches from purchasing from Star. Despite the program, Star gained approximately 5% market share by 2010 and 10% by 2011, but was unable to acquire its own foundry due to insufficient sales, forcing it to use less efficient third-party foundries. During this period, McWane maintained high prices and increased its gross profits despite flat production costs.
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