Tying Arrangements and Exclusive Dealing

Avoiding Antitrust Liability After Illinois Tools Works

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, April 25, 2007

Course Materials


While Illinois Tool Works abolished the presumption of market power and thus automatic per se antitrust liability in tying arrangements involving a patent license, the Supreme Court didn't exactly smooth the path for such arrangements either.

However, the Court's new "rule of reason" test does open up the possibility of tying under certain circumstances. To leverage the potential economic opportunities, patent owners must analyze relevant product and geographic market share, including possible non-infringing alternatives, to determine whether tying arrangements will still give rise to antitrust liability.

Listen as our authoritative panel analyzes the emerging antitrust issues that patent owners and their counsel must consider with tying arrangements and exclusive dealing in the wake of Illinois Tool.



The panel will review these and other key questions:

  • What is the impact of Illinois Tool Works for tying in copyright?
  • How can you determine whether a proposed tying arrangement violates antitrust laws?
  • What are the best practices for arguing for or defending against antitrust charges in tying arrangements?


Kevin McDonald
Kevin McDonald
Jones Day

He specializes in antitrust litigation and has substantial trial experience in the areas of bankruptcy, corporate...  |  Read More

Thomas Donovan
Thomas Donovan
Kirkpatrick & Lockhart Preston Gates Ellis

He practices antitrust counseling and commercial litigation. His experience includes defense and prosecution of actions...  |  Read More

Susan Henley Manning
Susan Henley Manning
Managing Director

He provides economic analyses in support of mergers and acquisitions, filed under the Hart-Scott-Rodino Act in a broad...  |  Read More