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.
Links to Full Content
Featured News
Bayer Faces US Antitrust Suit Over Pet Meds Competition
May 2, 2024 by
CPI
Landmark Monopoly Trial Between DOJ and Google Wraps Up
May 2, 2024 by
CPI
Lawmaker Probes FTC and EU’s Role in Amazon’s Failed iRobot Acquisition
May 2, 2024 by
CPI
FTC to Approve Exxon’s $64 Billion Deal with Pioneer Resources
May 1, 2024 by
CPI
UK Competition Watchdog Raises Alarm Over Nvidia’s ARM Takeover
May 1, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI