The Antitrust Theory That Slept for 55 Years

Opublikowano: 2026-09-02

An organization claims you can buy Product A, but not Product B. The only issue is that product A is so expensive that no one would ever choose it. A choice indeed? In Cumulus Media v. Nielsen, the Second Circuit revived an antitrust theory that had largely fallen out of use for more than half a century: constructive tying. Traditional tying is simple: buy A only if you buy B. Constructive tying is more subtle. The products may be technically available on their own, but the economics of the pricing structure can make purchasing them separately infeasible. This episode...