American Booksellers Association CEO Oren Teicher said in a statement «I did want to make one thing clear: ABA member bookstores can rest assured that your trade association will continue to remind publishers and other vendors about their
obligations under antitrust laws, especially regarding their need to ensure that inventory purchased under one set of terms is not commingled and transferred to another class of business.
And specificaly related to ink cartridges: the judgment of the Oberlandesgericht Düsseldorf, 20 January 2011, Case I - 2 U 92/10; cf. N. Hölzel, «The German Higher Regional Court Düsseldorf specifies the requirements for granting a compulsory
license under antitrust law (Zwangslizenzeinwand) `, e-Competitions Bulletin January 2011, N ° 48587.
In its opinion, the Ninth Circuit held that plaintiffs» allegations of reduced consumer choice and increased prices were insufficient to state a
claim under the antitrust laws.
In 1995, the U.S. Department of Justice and the Federal Trade Commission published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing and other
activities under the antitrust laws.
Apart from these requirements of the settlement agreement, it's clear that discrimination by an MLS among participants based on a participant's business model risks serious
challenge under the antitrust laws.
This policy statement has been prepared to assure that Association members, and especially volunteers and participants in South Shore REALTORS ® and other REALTOR ® association meetings, are aware of their
obligations under antitrust law.
The Court of Appeals of Washington concluded that the Rule of Reason required consideration of the impact of the activity upon competition in the relevant geographic market which,
under antitrust law, is the area to which the purchaser can reasonably turn to obtain the product.