U.S.-EU Split Over Tying, Bundling Growing Wider

Law360, New York (January 18, 2008, 12:00 AM EST) -- While the U.S. has historically been open to a rule of reason approach to tying and bundling, considering consumer benefits, the EU has not. The vastly different rulings that came out of the tying and bundling cases against Microsoft Corp. in the U.S. and Europe suggest to some antitrust attorneys that the gulf is widening further still, with the EU becoming more adamantly insistent on competitiveness in this arena as the U.S. becomes more “lax.”

In examining claims that Microsoft had illegally bundled its Windows operating...
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