Curbing Antitrust Liability For New Products

Law360, New York (February 11, 2010, 2:04 PM EST) -- Although the question posed by the title of this article may strike some as ridiculous, the reality is that, under certain circumstances, a firm can be held liable under the antitrust laws when it introduces a new or modified product to the market.

Firms with dominant industry platforms can exclude competition by modifying their platforms such that competing complementary products are no longer compatible or interoperable with the new platform.

Antitrust liability for new product introduction is not mere theory — just ask any of the...
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