function by challenging advertising of homogeneous products.
treating purely persuasive advertising as anticompetitive to treat all
advertising, whether containing informative elements or not, as
advertising advantage that it could pass on to United Vintners.
were to give United Vintners an advertising advantage,
Where such product differences exist, an advantage in advertising
differ, giving advertising something about which to inform consumers.
The perils of challenging advertising with any plausible amount of
to view the cereals makers' advertising as anticompetitive.
to render the firms' persuasive advertising more effective.
law judge also rejected the suggestion that advertising of the brands
which Maxwell House controlled forty-five percent, through advertising,
anticompetitive about an advertising advantage, stating that "the