The Tying Element of Market Power in the Context of Summary Judgment: Is There a Sensible Approach?

Friday, January 1st, 1988 at 12:00 am by J. Stephen Zielezienski
J. Stephen Zielezienski, The Tying Element of Market Power in the Context of Summary Judgment: Is There a Sensible Approach?, 1988 Colum. Bus. L. Rev. 273

This Note examines the market power issue and in the process points out some of the positive and negative aspects of related Supreme Court and circuit court theories. Part I examines the origins of tying arrangements and two Supreme Court theories concerning the market power requirement. Part II discusses how the Supreme Court and federal circuit courts have handled the problem since the advent of Fortner II, arguably the most controversial tying decision on the issue of sufficient market power. Part III proposes a reasonable test by which the courts may determine materiality of market power when confronted with a summary judgment motion in a tying situation.

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