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The End of Per Se Illegal Tying

Christopher R. Leslie, Dec 16, 2010

When making predictions about the future of antitrust law, one can err in one of two directions: making a bold prediction that is provocative but ultimately wrong or making a conservative prediction that proves accurate but safe. In my essay for this symposium in which we are asked to speculate about changes in antitrust law in the next 15 years, I pursue the safe path. I predict that by the year 2025, courts will have ceased calling tying arrangements per se illegal and will evaluate them under a traditional the rule of reason analysis.

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