QUT ePrints

Technological tying in the computer industry : when does it contravene Section 46 of the Trade Practices Act?

Corones, Stephen G. (2003) Technological tying in the computer industry : when does it contravene Section 46 of the Trade Practices Act? Queensland University of Technology Law and Justice Journal, 3(1), pp. 47-74.

View at publisher

Abstract

The courts in Australia have very little experience of the complex issues that arise when allegations are made about anti-competitive bundling or tying in relation to the supply of computer products. The paper falls broadly into two parts. The first part considers some special characteristics of computer based markets, and the elements that need to be established in order to make out a contravention of s 46 of the TPA.

The second part of the paper considers two different types of technological tying: first, the tying of two separate products through the creation of one integrated product; and secondly, tying the sale of a product with its repair or servicing in such a way that independent service organizations (ISOs) are foreclosed from the market. Both types of technological tying are open to a claim that they are anti-competitive and constitute a form of leveraging contrary to s 46 of the TPA.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

143 since deposited on 25 Mar 2009
38 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 19157
Item Type: Journal Article
Additional Information: The contents of this journal can be freely accessed online via the journal’s web page (see hypertext link).
Keywords: Tying computer software, Bundling computer software, s 46 Trade Practices Act, Anti-competitive conduct
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2003 QUT Faculty of Law
Deposited On: 26 Mar 2009 08:56
Last Modified: 09 Jun 2010 23:32

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page