I will be speaking at an upcoming Strafford live telephone / Internet seminar on “Tying Arrangements: Avoiding Antitrust Liability.” The seminar will take place Tuesday, May 1 from 1:00 p.m. to 2:30 p.m. EDT. You can find more information about the seminar, and also register for it, by following the link above.
This CLE webinar will offer guidance to sellers of technological or other bundles of products on avoiding antitrust violations, discuss approaches based on regulations and jurisprudence for sellers of all kinds, and will outline special considerations for intellectual property owners.
As readers of this blog know, tying arrangements are offers by sellers to sell two or more products together, on the condition that both/all the products are purchased. The U.S. Supreme Court and lower federal and state courts have frequently addressed claims of tying arrangements that run afoul of antitrust laws.
Confusion over the legality of tying arrangements persists, despite rulings that tying can be illegal per se. The Supreme Court has focused on an analysis of tying based on a Rule of Reason, examining the seller’s market power among other factors.
The nature of the product involved presents other challenges, such as IP and products in the aftermarket setting. Opportunities exist in the form of special defenses that can shield some tying arrangements from antitrust liability.
The panel will examine the current state of antitrust issues affecting tying practices, and offer approaches to sellers for avoiding violations and seeking legal alternatives. We will have a question and answer period at the end.
I hope that you can join.