Antitrust “Packaging” for Tying and Bundling

Tying and bundling are functionally similar, but tying carries more antitrust risk, while bundling is generally permissible under the antitrust laws, absent market power. While tying conditions the purchase of one product on a second that the buyer did not want or would have rather purchased elsewhere, bundling offers discounts for purchasing multiple products, with no obligation placed on the buyer to purchase more than one product.

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