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The appeals court, in its ruling last month, noted that product tying has its virtues.
I wasn't expecting the judge to take on the hot potato issue of product tying.
It offers a 45-page analysis of one issue -- how antitrust law on product "tying" should apply to the case.
The careful balancing under that standard is intended to determine whether a product tying decision is a net gain or a net harm for consumer welfare.
So in this case traditional concerns of abuse, such as pricing below marginal cost and product tying, don't really apply, and can actually benefit competition and consumers.
Software maker Compuware has filed a federal lawsuit accusing IBM of unlawful product tying and copying Compuware software code.
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MacroShares is already mulling a product tied to specific locations, rather than national house-price movements.
"The majority of new product tied to programming is scheduled to launch in fall 2011," Mr. Goldner added.
America's financial regulator claims Goldman and one of its vice-presidents, Fabrice Tourre, defrauded investors by mis-stating and omitting key facts about a financial product tied to subprime mortgages as the housing market began to collapse.
When Belgians did that, the results included a sugary, faintly cinnamon-flavored paste, two lawsuits and a debate over who should own the rights to a product tied to the traditions of rural Flanders.
The daily deal is really a financial services product tied to an overpriced advertising vehicle.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com