Asked by Melanie Hershock on Jun 28, 2024

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With tying arrangements, the courts may establish a seller's economic power by showing that:

A) the seller occupied a dominant position in the tying market.
B) the seller's product enjoys an advantage not shared by its competitors in the tying market.
C) a substantial number of customers have accepted the tying arrangement and the only explanation for their willingness to comply is the seller's economic power in the tying market.
D) All of these.

Tying Arrangements

Business practices where the seller conditions the sale of one product (the "tying" product) on the buyer's agreement to purchase a second, distinct product (the "tied" product).

Economic Power

The ability of an entity or country to influence or control economic conditions and policies, often through wealth, production capacity, or market influence.

Dominant Position

A term used in competition law to describe a situation where a company or entity has a significant advantage over competitors in the marketplace.

  • Discern the differences between vertical and horizontal limitations and their significance within the framework of competition law.
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HM
Hashir MasoodJul 03, 2024
Final Answer :
D
Explanation :
All of these options (A, B, C) are ways through which courts can establish a seller's economic power in the context of tying arrangements. A dominant position in the tying market, a unique advantage of the seller's product, and substantial customer acceptance that can only be explained by the seller's economic power, all indicate the seller's economic power in the tying market.