The Antitrust Theory That Slept for 55 Years

Opublikowano: 2026-09-04

What if you have a monopolist who, technically, allows customers to buy a product separately, but prices the standalone product so high that the only economically sensible thing to do is to take the bundle? That is the premise of **constructive tying**, an antitrust theory that was accepted decades ago but not often used since the early 1970s. The theory has been reinvigorated by the Second Circuit in Cumulus Media v. Nielsen. Cumulus was buying some local ratings from a competitor while trying to get Nielsen’s national radio ratings. Eventually Nielsen offered the national pr...