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The Antitrust Theory That Slept for 55 Years

Why constructive tying almost disappeared—and why Cumulus v. Nielsen may bring it back

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EconWorks
Aug 14, 2026
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Suppose a company tells you that you are perfectly free to buy Product A without Product B.

There is only one catch.

Product A by itself costs so much that no rational customer would buy it. Buy A together with B, however, and the price suddenly becomes reasonable.

Did the company really give you a choice?

That question sits at the center of Cumulus Media v…

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