Asked by Colby Hastings on May 19, 2024

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As demonstrated in Suture Express Inc.v.Owens & Minor Distribution,Inc. ,the case in the text,one of the elements that must be demonstrated before a challenged tying agreement will be held to violate Section 1 of the Sherman Act is that:

A) the seller commands 10 percent of market in the tied product category.
B) the tying product is available for purchase without the agreement.
C) the tying agreement involves two integrated components of a larger product.
D) the seller is the market leader in the tying product category.

Tying Agreement

A contractual agreement where the sale of one product is conditioned on the purchase of another product or service.

Sherman Act

A foundational antitrust law in the United States aimed at prohibiting monopolistic business practices and ensuring fair competition.

Market Leader

A company with the highest sales or market share in a particular market.

  • Discern the constituents and judicial consequences of tying arrangements and control of vertical prices.
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TD
Tarnesha DudleyMay 22, 2024
Final Answer :
D
Explanation :
One of the elements that must be demonstrated before a challenged tying agreement will be held to violate Section 1 of the Sherman Act is that the seller has sufficient economic power in the market for the tying product (such as a large market share)to appreciably restrain competition in the tied product market.If a seller is a market leader in the tying product category,then this element is satisfied.