How would a plaintiff establish the existence of a tying arrangement, and under what laws may tying arrangements be challenged?
To establish a tying arrangement, a plaintiff must show that (1) the tying and tied products are separate products, (2) the availability of the tying product is conditioned upon the purchase of the tied product, (3) the party imposing the tie has enough market power in the tying product market to force the purchase of the tied product, and (4) a "not insubstantial" amount of commerce in the tied product is affected. Tying arrangements can be challenged under Section 1 of the Sherman Act or Section 3 of the Clayton Act.
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