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Please use this identifier to cite or link to this item:
http://hdl.handle.net/2451/26009
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| Title: | The Elusive Antitrust Standard on Bundling in Europe and in the United
States at the Aftermath of the Microsoft Cases |
| Authors: | Economides, Nicholas
Lianos, Ioannis |
| Keywords: | tying
bundling
foreclosure
requirement contracts
monopolization
Microsoft
predatory pricing |
| Issue Date: | 31-Dec-2007 |
| Series/Report no.: | EC-08-01 |
| Abstract: | We analyze and contrast the US and EU antitrust standards on mixed
bundling and tying. We apply our analysis to the US and EU cases against
Microsoft on the issue of tying new products (Internet Explorer in the
US, and Windows Media Player in the EU) with Windows as well as to cases
brought in Europe and in the United States on bundling discounts. We
conclude that there are differences between the EC and US antitrust law
on the choice of the relevant analogy for bundled rebates (predatory
price standard or foreclosure standard) and the implementation of the
distinct product and coercion test for tying practices. The second
important difference between the two jurisdictions concerns the
interpretation of the requirement of anticompetitive foreclosure. It
seems to us that in Europe, consumer detriment is found easily and it is
not always a requirement for the application of Article 82, or at least
that the standard of proof of a consumer detriment for tying cases is
lower than in the US. |
| URI: | http://hdl.handle.net/2451/26009 |
| Appears in Collections: | Economics Working Papers
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