Vertical Restrictions Upon Buyers Limiting Purchases of Goods from Others

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American Bar Association, 1982 - Antitrust law - 98 pages
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This work focuses on the various types of vertical restraints by which a seller limits a purchaser's freedom to choose. Topics include tying arrangements, exclusive dealing and requirements contracts, and full-line forcing.
  

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Contents

Tying Arrangements
1
a Elements of the Per Se Offense
2
2 Two Products
3
3 Sufficient Economic Power
8
4 Interstate Commerce
10
b Justifications
11
2 Accepted Defenses
12
2 Tying under Section 3 of the Clayton Act
13
6 Tying Law as Related to the Franchise System of Marketing
46
7 Should Patents and Copyrights Be Presumed to Automatically Create Economic Power?
61
Package Licensing of Patents and Copyrights
64
B Policy Issues
68
The Blocking Exception
69
3 The Coercion Requirement in a Package License
71
Tying of Products Sold by Others
73
SalesCommission Plans Compared with PurchaseResale Plans
75

3 Tying under Section 5 of the Federal Trade Commission Act
14
B Policy Issues
15
a Are There Valid Business Justifications for Tying?
18
2 Emerging Markets and New Technologies
20
3 Protecting a Trademark
21
4 Metering Use
23
5 Reallocating Costs or Profits
25
b Does the Per Se Rule As Modified by Allowable Defenses Further the Procedural Goals of Per Se Rules?
26
2 To Modify the Not Insubstantial Amount of Commerce Test?
29
2 Should Tying Law Protect Individual Competitors or Purchasers or Overall Competition?
31
3 Should Proof of Coercion Be a Necessary Element of an Illegal Tying Arrangement?
35
4 Should the Existence of an Agreement Be an Essential Element of Proof in a Tying Case?
40
5 Should the SingleProduct Issue Be Redefined?
42
Full Line Forcing
77
B Policy Issues
80
2 Nature of ManufacturerDealer Relationship and the Products Subject to a Full Line Requirement
81
Exclusive Dealing and Requirements Contract
84
2 Distinguishing Exclusive Dealing from Tying
87
3 What Constitutes a Condition Agreement or Understanding?
89
4 Requirements Contracts
90
B Policy Issues
91
b Should There Be Different Tests Where Competitors Sue or Customers Sue?
94
2 The Line between Tying and Exclusive Dealing Arrangements
95
Conclusion
98
Copyright

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