THE MARKET POWER REQUIREMENT IN FRANCHISE TIE-INS

Jefferson Parish Hospital District No. 2 v. Hyde1 is a decision with something to displease everyone. For those advocates of the Chicago School approach who sought to move tie-in cases entirely into a rule of reason format, the majority reaffirmed the per se test. For those who sought truly to apply the per se rule to tie-in cases, the Court stiffened the toughest element of proof, "market power" over the tying product.