Parallel Bundling in Surgical Products

, New York Law Journal


Elai Katz, in his Antitrust column, reviews a Tenth Circuit decision affirmed the dismissal of claims that leading medical-surgical product distributors violated antitrust laws by offering bundled package deals. While typical bundling and tying cases examine conduct by a single dominant firm, this decision tackles parallel tying and bundling by two competitors. The opinion also sets forth an analytic framework to evaluate tying claims under the rule of reason rather than the more commonly applied per se tying rule.

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