Tech-Tying Vs. Section 2 Of The Sherman Antitrust Act

Legal impact of the “technological tie”― a monopolist “lock-out” of rivals by a redesign that requires use of its own complementary product.

December 4, 2014

We live in a technology-driven world where businesses are often forced to innovate or die. Occasionally, however, some competitors innovate in a way that unlawfully forecloses competition. One such innovation is a “technological tie” i.e., when a monopolist redesigns a product so that it “locks out” rivals and may only be used in conjunction with its own complementary product.

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Kellie Lerner

Partner

Co-Chair, Antitrust and Trade Regulation Group;
Co-Chair, Diversity Committee

David Kurlander

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