Published Law Review Article: Per Se Illegality of Exclusive Deals and Tyings as Fair Competition
Hi everyone,
Last May, I announced the release of a new draft paper that called for the substantial limitation of business practices known as tyings and exclusive deals. That article is now officially published in the Berkeley Technology Law Journal (BTLJ). There have been significant amendments since I released the initial draft. A huge thank you goes to the entire BTLJ law student staff for their amazing work and exceptional edits and commentary. I couldn’t be happier with the final product.
As I stated in the original post, in the paper, I explain how exclusive deals and tyings can unfairly strengthen a firm’s power and operate as potent weapons of monopolization. I suggest a clear rule to stop them - no firm with more than 30% market share or $1 billion in revenue should be allowed to use exclusive deals or tyings. The paper can be downloaded here.