Harry First, Nov 01, 2009
Professor Einer Elhauge´s most recent article, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, begins with a critique of the thrall in which the single monopoly profit theory has held tying law and ends with an affirmation of the current state of the law: The current quasi-per se rule thus correctly condemns ties based on tying market power absent offsetting efficiencies, even without substantial tied foreclosure. I like the beginning and I like the destination. Its the journey that is not without some problems for me. I divide this essay into two parts. First I want to talk about the goals of antitrust. Second I offer some comments on Professor Elhauge´s approach to tying and the importance of the one monopoly profit theory.
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