Big Tech and Tying Arrangements: Are Antitrust Revisions Needed?

Research output: Contribution to journalArticlepeer-review


One area of antitrust law in which many Big Tech organizations fight antitrust lawsuits is tying arrangements. Tying arrangements, which occur when a seller requires the sale one product to be tied to the purchase of another product, are subject to the partial per se analysis introduced in Jefferson Parish Hospital District No. 2 v. Hyde. Partial per se does not automatically assume that a tying arrangement is illegal, but rather sets conditions to determine when a tie between two products is an antitrust violation. However, criticism of the partial per se standard has existed for decades. This article argues that proposed changes to antitrust laws should include changing the standard used to evaluate tying arrangements to a consistent rule-of-reason approach.

Original languageEnglish
Pages (from-to)47-66
Number of pages20
JournalCommunication Law and Policy
Issue number1
StatePublished - 2023


  • Antitrust
  • Internet
  • law
  • per se
  • rule of reason
  • tying arrangements


Dive into the research topics of 'Big Tech and Tying Arrangements: Are Antitrust Revisions Needed?'. Together they form a unique fingerprint.

Cite this