Note:
Charles J. Smaistrla, An Analysis of Tying Arrangements: Invalidating the Leveraging Hypothesis, 61 Texas L. Rev. 893 (1983).
 

Abstract:
Modern antitrust law treats as presumptively illegal any arrangement between a buyers and sellers that limits the freedom of a buyer to purchase from a competing seller. Tying arrangements are usually illegal per se; however, exclusive dealing arrangements, such as requirements contracts, are illegal only if they have a substantial anticompetitive impact. The disparity between treatment of tying arrangements and requirements contracts comes from the U.S. Supreme Court’s belief that tying arrangements are a tool for leverage monopoly power. This Note argues that the leveraging hypothesis is invalid.