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Evans Case OK to Move to 'Discovery Phase' .....


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If Evans does win and is again a source of students for PBUC evaluation, I would hope those students would get an equal chance to be placed into MiLB jobs as those from Wendelstedt and TUS.

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He won't. In the limited amount I've seen on this case, I think his legal team is trying to reverse the premises behind the scrutiny of exclusive dealings. They are scrutinized because of the relative economic power a vendor generally has over a consumer. However, in this case, he is the vendor, so the proscriptions of the Clayton Act don't apply (at least, historically.) I could be wrong and they are examining another anti-trust issue, but I think the signs are pointing to this argument, that if the consumer has the relative economic power, then scrutiny of exclusive dealings attaches to them.

 

In the end, a consumer (PBUC/MiLB) still can choose its vendors, but a vendor cannot dictate that a consumer choose its product.

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