Tying Arrangements: Avoiding Antitrust Liability
Leveraging Market Power Arguments and Seller Defenses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will offer guidance for antitrust counsel to sellers of technological or other bundles of products on avoiding antitrust violations, discuss approaches based on regulations and jurisprudence for sellers of all kinds, and will outline special considerations for intellectual property owners.
- Tying arrangement rules and jurisprudence
- What is tying?
- Tying statutes: Clayton Act, Sherman Act and Federal Trade Commission Act
- Judicial history of tying
- Tying per se analysis
- Rule of reason approach
- Market power and other factors
- Kodak and tying in the aftermarket
- Recognized defenses and justification
- Intellectual property considerations
- Market power issues in IP markets
- Patented products tied to other patented products
- Patented products tied to non-patented products
- Other IP ties
- Best practices
The panel will review these and other key questions:
- What is the analysis used by the Supreme Court and lower courts for determining whether tying arrangements violate antitrust law?
- What defenses and justifications can be raised to defend against an antitrust action?
- What are the special considerations for owners of patents and other intellectual property?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Howard M. Ullman
Orrick Herrington & Sutcliffe
His practice is focused on antitrust, trade regulation and unfair competition issues. He has extensive experience... | Read More
His practice is focused on antitrust, trade regulation and unfair competition issues. He has extensive experience advising on distribution law and distribution system issues (including pricing issues, non-price restraints and dealer termination issues).Close
Kevin D. McDonald
He is a litigator who concentrates in antitrust and competition law. He has trial and appellate experience at all... | Read More
He is a litigator who concentrates in antitrust and competition law. He has trial and appellate experience at all levels of federal and state courts and at various administrative agencies. He is a member of the leadership of the ABA's Section of Antitrust Law and serves as a Senior Editor on the ABA Antitrust Law Journal. He has written and lectured on numerous topics, including tying.Close
Thomas S. Hixson
His experience covers a range of commercial litigation matters, including antitrust and consumer class actions as well... | Read More
His experience covers a range of commercial litigation matters, including antitrust and consumer class actions as well as intellectual property and technology disputes, and appellate litigation in federal and state courts. He is a past chair of the California State Bar’s Antitrust and Unfair Competition Section and has spoken and written articles on class action procedure.Close