16 May 2023
Analyzing Technological Tying Agreements
A tying arrangement exists when a party with market power over one product conditions the availability of that product on the purchase a second product in a separate market. Technological tying refers to the use of technology, as opposed to a contract or other arrangement, to accomplish the tie. Our practice note on technological tying discusses the requirements for a technological tie, how they are evaluated, relevant cases, and tips for both plaintiffs and defendants.
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