D. [§ 11.5] Tie-In Arrangements

JurisdictionMaryland

D. [§ 11.5] Tie-in Arrangements

A tie-in arrangement is an agreement under which a vendor will sell a product only if the purchaser agrees to buy another product as well. An illegal tie-in arrangement need not be expressed in a written contract, but the plaintiff must show that the seller would not make available to the purchaser one commodity unless the purchaser agreed to buy another. Davis v. Marathon Oil Co., 528 F.2d 395, 398 (6th Cir. 1975).

Section 11-204(a)(6) of the Maryland Antitrust Act states:

A person may not [l]ease or make a sale or contract for the sale of a patented or unpatented commodity or service for use, consumption, enjoyment, or resale, or set a price . . . on the condition, agreement, or understanding that the lessee or purchaser will not use or deal in the commodity or service of a
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