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Bundling Identical Products: An Economic Analysis

BY | September 14, 2021

This article considers whether or not the bundling of two identical products is usefully treated as a tying arrangement. Following Prof. Williams’ article in this issue, I discuss three tying…

This article considers whether or not the bundling of two identical products is usefully treated as a tying arrangement. Following Prof. Williams’ article in this issue, I discuss three tying cases in which the defendants bundled two products that were arguably identical. Of the three, I focus on the EpiPen case. Bundling two identical products might appear to be a tying arrangement because the purchase of one product in the bundle is conditioned on the purchase of a second product, identical

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