What Is A Tying Agreement

Of the three policy options open to the authorities, the ban itself is clearly the least attractive. This would negate a large number of efficiency-enhancing practices without anti-competitive effects if only a small number of anti-competitive effects were covered. The remaining choice between an approach to the rule of reason and legality per se is more difficult and, as we have proposed, may depend on the class of engagement agreements envisaged (technological or contractual). Two important points emerge from the Court`s assessment of Tetra Pak II. First, the Court appears to define commercial exploitation quite narrowly: in order to establish commercial exploitation, it is not sufficient to demonstrate that tying is the predominant commercial practice on the markets concerned (or on comparable markets); As long as certain unrelated sales take place on the relevant markets (in the case of Tetra Pak II, 12 %105), the criterion of commercial exploitation is not met. Second, contrary to the express wording of Article 82(d), the Court does not regard the absence of commercial exploitation as a condition of sewing; On the contrary, commercial exploitation appears to be treated in the same way as `objective justifications` (see below), which may or may not contain food outside the scope of Article 82. (6) Barriers to entry Even if some competitors left the market for related products without barriers to entry, it is unlikely that the binding undertaking would be able to raise prices, as new competitors would enter quickly and undermine anti-competitive rents. This is more likely to be the case in industries that are subject to rapid technological change. However, the establishment of « separate products » is not enough. In the following cases, the issue of separate products arose, but was dealt with on an ad hoc basis – on the basis of various factors, e.B.

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