Preface

vii

PREFACE

Category management is a relatively new development in retailing in

which the retailer works closely with one or more major suppliers in

making and implementing decisions which affect an entire category of

products. Because suppliers can become involved in the retailer’s

decisions affecting their competitors’ products, courts and commentators

have focused on the antitrust implications of the category management

process. The development of category management has paralleled the

growth of large national chain retailers, the computerization of consumer

sales, and the increasing presence of private label brands owned by

retailers. This Handbook addresses that confluence of events, with the

purpose of identifying and explaining the business, economic, and legal

issues raised from an antitrust perspective by category management.

The Section is indebted to those who contributed to this Handbook.

This was a joint project of the Unilateral Conduct Committee and the

Civil Enforcement Committee. Many individuals contributed. The

chapters were authored by Gregory Huffman, Timothy Daniel, Jeffrey

Berhold, Kenneth Field, Theodore Banks, and Amanda Wait. The book

was edited by Gregory Huffman, Jay Levine, Joyce Bartoo, Albert Kim,

James Musgrove, Robin Moore, Jonathan Jacobson, Debra Pearlstein,

Alicia Downey, Josh Wright, Max Huffman, Sean Gates, and Brian

Stoltz. Others assisting included Julie Soloway, Kenneth Glazer, Arthur

Lerner, Robert Skitol, Daniel Savrin, Jen Driscoll, Maria DiMoscato, and

Joan Heim.

We hope this book provides helpful guidance to those in the retailing

business and their legal counsel.

October 2010 Patricia Brink

Chair, Unilateral Conduct Committee

Anthony W. Swisher

Chair, Unilateral Conduct Committee

Section of Antitrust Law

American Bar Association