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Expert Analysis

Importing PeaceHealth To Tying: Collins V. Kodak

Law360, New York (April 7, 2015, 10:23 AM EDT) -- Last month, the Sixth Circuit in Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306, (6th Cir. March 16, 2015) addressed the standard to show coercion in a Section 1 tying case when that coercion is allegedly accomplished via lower prices. Unlike any other appellate court, it applied the discount attribution test announced in the Ninth Circuit's Section 2 bundled-discount PeaceHealth decision.[1] That choice of standard was surprising, given the limited precedent choosing that standard for this question. Even more surprising, the court applied this usually defendant-friendly standard to uphold a preliminary injunction preventing the continued use of the tie....

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