Bundling, Tying, and Exclusive Dealing: Trends Signal Need For Caution

This article explores the resurgence of bundling, tying, and exclusive dealing theories in healthcare enforcement and litigation. Drawing on recent jury verdicts, appellate decisions, and enforcement trends, the authors demonstrate how practices that are often procompetitive in principle can give rise to significant liability when they foreclose competition in practice. Their discussion of “de facto” exclusive dealing—where contractual arrangements functionally replicate exclusivity withou