Tying + Exclusive Contracting ((Vertical Restraints II)
12 important questions on Tying + Exclusive Contracting ((Vertical Restraints II)
When are two products "separate" - Tying Test Prong 1
Jefferson Parish (US 1984)
What is key evidence to prove that two products are "separate"
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Coerced Purchase of Both Products - Tying Test Element 2 (P must prove)
General Idea: Tying Test Element 3 (P's Burden) The D has "Power" in the Tying Product Market
Tying Test Element 3 (P's Burden) The D has "Power" in the Tying Product Market: What must P show
One indication of "power" in the tying product market would be the fact that the product is patented and has no close substitutes.
Tying Test Element 4: A "Substantial Amount" of commerce is effected
Examples of exclusive contracts
- A requirements contract, requiring the buyer to take its entire need of the good from a single supplier
- An agreement forbidding a buyer form purchasing form the supplier's competitors, or with penalties for purchasing elsewhere q
- An output contract requiring the buyer to take all of the supplier's output
General Rule on Exclusive Contracts
Two specific rules for exclusive contracts:
2. The "Qualitative Substantiality" Test. Tampa Electric (US 1961).
Foreclosure Test for Exclusive Ks - Standard Stations (US 1949)
The "Qualitative Substantiality Test" - Tampa Electric (US 1969)
The question on the page originate from the summary of the following study material:
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