At the present time the Individual Coercion Doctrine appears strengthened by the Third Circuit's ruling in Ungar and the Supreme Court's denial of certiorari in that case. Nevertheless, detailed analysis of the Doctrine demonstrates that despite the Doctrine's rather lengthy development, it is inconsistent with the basic legal principles of the law of tying as well as the more general purposes of the antitrust laws. The courts should again undertake a critical analysis of the Doctrine and, as the district court did in Ungar, remove coercion as an independent requirement of tying law.Perhaps in the near future as a result of the present split in the circuit courts of appeals, the Supreme Court itself will make a definitive statement on this controversial issue and set forth the proper role of coercion in antitrust law.
W. Perry Brandt,
Tying Arrangements and the Individual Coercion Doctrine,
30 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol30/iss4/3