Implications of Sixth Circuit's Collins Inkjet Corp. v. Eastman Kodak Co. Decision.
12 PM EST
Earlier this year, the Sixth Circuit in Collins Inkjet Corp. v. Eastman Kodak Co. addressed the standard for assessing coercion in a Section 1 tying case when that coercion is allegedly accomplished via the offering of a lower bundled price. Unlike any other appellate court, the Sixth Circuit applied the discount attribution test first adopted by the Ninth Circuit in its PeaceHealth decision under Section 2 of the Sherman Act. This panel will debate the merits and implications of the Sixth Circuit's decision, which upheld a preliminary injunction enjoining the tie.
*Suzanne Wahl, Schiff Hardin
*Alden Abbott, Heritage Foundation
*Daniel Crane, University of Michigan
*Bill Markovits, Markovits, Stock & DeMarco, LLC (counsel for plaintiff/appellee)
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