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Tying, Bundling, Loyalty Rebates and Exclusive Dealing in US Antitrust: What Can Australia Learn?

Trade Practices Law Journal, Vol. 14, No. 1, pp. 26-42, 2006

Posted: 10 Dec 2007 Last revised: 15 Oct 2009

Natasha Blycha

Monash University

John Duns

Monash University - Faculty of Law

Abstract

Despite the fact that non-price vertical restraints are part of everyday commercial life, Australian courts have had few occasions on which to assess their anti-competitiveness. Relevant US antitrust jurisprudence is, by contrast, far richer. Two Australian reform bodies have recommended that the non-price vertical restraint provisions of the Australian legislation be amended, which would bring the Australian provisions more into line with those in the United States. Whatever the fate of these reforms, US law will inevitably influence Australian developments. Accordingly, the object of this article is to analyse US jurisprudence on non-price vertical restraints in order to determine what it has to offer Australian law.

Keywords: loyalty rebates, anti-competitiveness, antitrust, bundling, exclusive dealing

JEL Classification: K21, K20

Suggested Citation

Blycha, Natasha and Duns, John, Tying, Bundling, Loyalty Rebates and Exclusive Dealing in US Antitrust: What Can Australia Learn?. Trade Practices Law Journal, Vol. 14, No. 1, pp. 26-42, 2006. Available at SSRN: https://ssrn.com/abstract=1068464

Natasha Blycha

Monash University ( email )

Wellington Road
Victoria, Roodepoort 3145
Australia

John Duns (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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