He's quoting law.
No, he's quoting an Intel argument.
Interesting that Intel focuses so much on LePage, which was essentially superceded by PeaceHealth... The brief mention they give re: PeaceHealth is both dismissive and misleading... They talk about PeaceHealth as if the discount attribution safe harbor protects exclusionary rebates when they can't be met by an equally efficient [original emphasis] competitor, i.e. AMD is not an equally efficient competitor thus Intel falls within the safe harbor.
Which is BS.
Intel's defense rests on convincing the court to NOT apply the equally efficient competitor and discount attribution standards as recently applied by the EC and as recently applied by the US 9th circuit in a way that's explicitly compatible with Brooke Group, and Bush's rescinded, overly-strict antitrust guidelines.
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