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The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton
The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton
St. Mary's Law Journal
Tying Arrangements within the Franchise market suppress competition by denying competitors free access to the market for a tied product. A tie-in or tied product is an item, distinguishable from the franchise itself, forced upon a franchise, to secure the license. The two defenses used in validating a tied product are: (1) that the tying product in “good will” serves a satisfactory purpose in conjunction with the tied product, and (2) the tied protect serves to protect the quality of the trademarked product. This study examines case law and how the application of the Sherman and Clayton Anti-Trust Acts in …