The Bausch & Lomb case appears to be different:
"These new and identical products were represented to be different, but the only true difference was the name on the package and the price charged. "
Go to a busy intersection and you will see up to four gas stations offering gas usually at 4 different prices... comes down to marketing, consumer demand, convenience, which one offers the best soft drink/hotdog combo, etc...
I know someone that paid $1800 more for the same year and model of SUV that I have. Over Thanksgiving, I just saw honey glazed spiral cut hams on sale for $49 direct from Harry and Davids, yet a large supermarket chain had the same hams for $12.95... as far as I know, there is nothing illegal about selling a product for a different price than your competitor, or offering different discounts from coupons, sales, marketing promotions, etc to intiate sales as long as you honestly disclose what you are selling for that price.
What Bausch & Lomb did is completely different.
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