Kensington Antitrust Advisors Group

In Curtis Blough v. Holland Realty, the Ninth Circuit affirmed the dismissal of a per se tying claim alleging the tying of realtor services for development to the purchase of undeveloped lots.  The court held that even if a tie were shown, the plaintiffs could not prevail because there was no market for the alledged tied product and thus a substantial amount of commerce was not affected.