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A Switching Costs Explanation of Tying and Warranties

Edward Iacobucci

Journal of Legal Studies, 2008, vol. 37, issue 2, pages 431-458

Abstract: Competitive markets in which buyers face a cost of switching suppliers can result in an inefficient pricing pattern: sellers initially seek to gain market share with below-cost prices, then later exploit past customers with above-cost prices. This article shows that, rather than simply offer cash discounts initially, sellers can bundle a tied good that is worth more to high-demand buyers. This bundling strategy can efficiently screen out socially undesirable sales to low-demand buyers that a straight cash discount would invite. This theory can explain warranties, which are a kind of tying contract in which aftermarket service is bundled with a durable good. The theory also has application in imperfectly competitive markets, in which sellers for reasons of price discrimination prefer a pricing pattern with high aftermarket prices and low durable-good prices. Finally, the theory has implications for antitrust law in the Kodak setting and antitrust cases involving warranties specifically. (c) 2008 by The University of Chicago. All rights reserved..

Date: 2008

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Journal of Legal Studies is edited by Eric A. Posner and Thomas J. Miles

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