Tying Agreement Arrangement

Then the Tribunal will have to consider whether this is the particular type of debt that should be considered illegal — the question of liability. Although it is rare to find links with pro-competitive effects, there are nevertheless three categories of engagement agreements: those that are always illegal (which are in themselves inappropriate), those that are illegal only after a fundamental investigation, and those that are not illegal by either approach. Then the crazy quilt continues. The agreements are analysed under two different anti-dominant anti-government laws – Section 1 of the Sherman Act and Section 3 of the Clayton Act. For unexplained reasons, the Supreme Court has created different norms depending on the statutes used for the application of the rule itself; Today, however, there are serious doubts as to whether there are two or only one test left. Even if the appropriate status and standard are known, recent cases have shown a remarkable degree of diversity and confusion in the application of the standard to the facts under consideration. Finally, the Court also recognized occasional defences against ties that would fall under the so-called per-se rule. Although the existence of such defences appears to be an obvious contradiction in itself, it is nonetheless expressly sanctioned by the cases. It is certainly time to clarify some of these inconsistencies. Few types of cartels and abuses of dominance have been treated by the Supreme Court as non-proliferation agreements. This practice, illegal in itself when certain conditions are met, can be defined as an agreement by a party to sell a product [the finished product], but only on the condition that the buyer purchases another (or related) product or, at the very least, agrees not to purchase that product from another supplier. Despite this considerable attention from the Supreme Court, there is as much warmth as there is light in this area. The doctrine that has developed is often unpredictable and often irrational, and the rules in force make the analysis much more complicated than necessary.

A simpler and more direct approach is long overdue….