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Principles of Whitten v. Paddock
Proprietary specifications do not violate antitrust laws. Few brands of construction products are exactly alike, and architects who want to limit choices have every right to do so. Other brands qualify as “equal” only when the architect says so. The burden is on the not-specified manufacturer or supplier that its product is equal for purpose of the particular project. A 1976 U.S. Supreme Court refusal to hear the case on appeal affirmed these principles.
Upheld consistently in subsequent court decisions show that Whitten v. Paddock principles are as applicable today as in 1976.
Bendtsen’s Bakery – Kringle