Tied Selling, Abuses, and Anticompetitive Practices D.
104) DRM technology and the DMCA are powerful weapons that can be used to prevent competition through a combination of tied selling and legal threats.
Tied selling arises when a vendor supplies a product on condition that the purchaser acquires another product or on condition that the purchaser refrains from using or distributing another product.
Tied selling can have anticompetitive consequences.
In effect, this is a tied selling of two products where the tying is expressed in technology (backed by legal threats).
In addition to eliminating competition in the aftermarket, the practice of tied selling guarded by DRM technology and anticircumvention laws has adverse effects on competition in the foremarket.
179) For example, to clarify the Bureau's position on "technological tying", the IPEGs could include a section dedicated to tied selling, similar to the Antitrust Guidelines for the Licensing of Intellectual Property issued by the U.
Rounding out the competition law and policy implications discussed, this article has examined the ways that DRM, contracts, and anticircumvention laws can contribute to problems in the area of tied selling, abuses and anticompetitive practices, security research, and product labelling and deceptive marketing practices.