Tying Via Contracts

Created by Rebecca Fredona on October 27, 2016 831

Tying via contracts invokes per se antitrust liability.

Written by Rebecca Fredona on October 27, 2016 0 1249
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Supporting Authority

DSM Desotech Inc. v. 3D Sys. Corp.
Link to Supporting Resource

"Desotech's primary contention on appeal is that 3DS tied sales of resin (tied product) to sales of SL machines (tying product). According to Desotech, 3DS not only tied resin sales to machine sales via contracts (invoking per se antitrust liability)"

"to establish a per se illegal tying violation, Desotech was required to show (1) that 3DS's tying arrangement was between two distinct products or services, (2) that 3DS had sufficient economic power in the tying market (the market for SL machines) to appreciably restrain free competition in the market for the tied product (the market for SL resin), and (3) that a not insubstantial amount of interstate commerce was affected."

Created by Rebecca Fredona on October 27, 2016 0 1370