Investigating allegations that a seller has improperly bundled or tied the sales of products together requires evaluating: the benefits to consumers (convenience, etc.) from the arrangement; the degree of market power of the accused seller; and, the actual and potential harm to competition if the firm is both dominant and uses bundling or tying to extend its dominant position into other markets. Damages are determined by the actual harm to the plaintiff’s business, compared to its likely financial condition in a marketplace in which competition occurs without the accused agreements.
Engaged to provide testimony and consulting for plaintiffs and defendants in exclusive dealing matters, including in the following industries.