In Collins Inkjet Corp. v. Eastman Kodak Co., the Sixth Circuit recently held that differential pricing—charging more for a product when the customer fails to buy a second “tied” product—constitutes unlawful tying only when the second product is effectively being sold for below-cost. In adopting this “discount attribution” standard, the court sided with the Ninth … Continue Reading
The Sixth Circuit will soon be clarifying its standard for so-called “non-explicit” unlawful tying in Collins Inkjet Corp. v. Eastman Kodak Co., Case No. 14-3306, currently awaiting submission to a panel. Kodak and Collins both make Versamark products, including ink and printer parts, but only Kodak refurbishes printheads. After Collins terminated its relationship as … Continue Reading