Bundling and Tying: Should Regulators Use the Per Se Approach or the Rule-of-Reason Approach? Lessons from the Economics Literature
Sonia Di Giannatale, Alexander Elbittar, Dec 20, 2012
A firm that practices tying in the United States can be committing a per se violation of the an- titrust law, and it can be also considered a per se violation of the Article 102 of the EC Treaty. However, there is evidence for the use of the rule-of-reason approach in some courts’ decisions in tying cases, such as United States vs. Microsoft in 2001 and the case against Microsoft in the EC in 2004. Therefore, the question of when a tying case should be ruled under the per se approach or under the rule-of-reason approach is valid and has policy implications. This article is written to shed light into what could be the appropriate answer by presenting several lessons that we can learn from the economics literature.
Featured News
Newsmax Legal Analysts Push Back on Trump DOJ’s Antitrust Probe of TV Networks
Oct 12, 2026 by
CPI
EU Launches In-Depth Antitrust Probe Into XXXLutz’s Takeover of German Furniture Rival Porta
Oct 12, 2026 by
CPI
Starbucks Says It Has No Plans to Buy Chipotle Mexican Grill
Oct 12, 2026 by
CPI
Warren Urges Antitrust Scrutiny of Kroger’s $1.65 Billion Giant Eagle Deal
Oct 12, 2026 by
CPI
Corcept Seeks to Block Ex-Judge’s Testimony in Teva Antitrust Fight
Oct 12, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – National Security
Sep 22, 2026 by
CPI
National Security in U.S. Antitrust Enforcement: Toward a More Disciplined Framework
Sep 22, 2026 by
Rod Rosenstein & Timothy Finley
The Department of War’s M&A Review Guidance: What Companies in the Defense Industry Need to Know
Sep 22, 2026 by
Eric Stocking & Paul Ney
National Security, Resilience and the Boundaries of Merger Control
Sep 22, 2026 by
Beatriz Marques
National Security and Competition: Building Resilient Telecommunications Networks
Sep 22, 2026 by
Roslyn Layton