Some Practical Advice

• Pages: 46-49

A Primer on the Law of Joint Purchasing

ited by the antitrust laws, including (1) a seller

being denied access to a substantial volume of

U.S. sales as a result of activities of a purchas-

ing group; (2) a seller being forced to accept be-

low-market prices due to a buyer cartel or other

monopsonistic conduct; or (3) a buyer being pre-

cluded from joining (or being expelled from) a

joint purchasing group that controls exclusive

access to an element needed to compete.

B.ForeignLaw May Be Different. Joint buy-

ing arrangements may impact the commerce of

other countries, including countries where the

buyers and suppliers reside, operate, or sell.

Where that is the case, the arrangement may

be subject simultaneously to the competition

laws of a number of nations including the

United States. An analysis of international com-

petition law on joint purchasing arrangements

is beyond the scope of this Primer, except to

note that some foreign jurisdictions apply anti-

trust analysis comparable to that in the United

States (including the application of certain safety

zone rules), while others may not. If any aspect

of a joint buying group may implicate the laws

of another country, the group should retain ex-

perienced foreign counsel.

VI.Some Practical Advice

Companies can achieve their business ob-

jectives while complying with the antitrust laws.

46