Better Together: The Evolution of Tying Theory and Doctrine in EU Competition Law and US Antitrust Law

Abstract

The article analyzes the economic theories of tying and tying case law in EU competition law and US antitrust law. The article aims to identify the economic rationales motivating the use of tying practices and appraises their implications to competition policy. The question is not only whether the law is consistent with economic theory or not, but whether economic theory can meet the demands of the law. Moreover, the article compares case law from the US and the EU and links the case law approaches to economic theory. The analysis of the US and EU experience reveals that regulation of tying has a long and rich history. The article argues that tying doctrine has changed in recent years. Today the benefits of tying are better understood.