TYING AND THE FRANCHISEE

First, it is hazardous to address tying law developments in a franchise context without assessing the state of tying law generally, Much of the development of tying law pre-dates the franchise boom, and the Supreme Court itself never has addressed the subject in a franchise case. While franchise cases themselves are numerous, one can hardly ignore the general body of tying law, including the Supreme Court's decisions, in any analysis of franchise tying problems.