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Thomson / Gale

The antitrust economics of tying: a farewell to per se illegality.

Antitrust Bulletin,  March, 2004  by Christian Ahlborn

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I. Introduction

Tying exists when the seller of a product requires his purchasers to take another product as well. The most robust statement one can make about tying is that it is ubiquitous. Consider the following examples: shoes are sold in pairs; hotels sometimes offer breakfast, lunch or dinner tied with the room; there is no such a thing as an unbundled car; and no self-respecting French restaurant would allow its patrons to drink a bottle of wine not coming from its cellar. In a certain sense, as Robert H. Bork noted in his famous book,

Every person who ...