TOTM
Does the Supreme Court Deem Price Discrimination to be an “Anticompetitive” Effect of Tying?
Truth on the Market
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One of my summer writing projects is a response to Einer Elhauge’s recent, highly acclaimed article, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory. In the article, which appeared in the December 2009 Harvard Law Review, Elhauge defends current tying doctrine, which declares tie-ins to be per se illegal when the defendant has market power in the tying product market and the tie-in affects a “not insubstantial” volume of commerce in the tied product market.
