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The Australian High Court ruled that the after-market for Subaru parts in Regents Pty v. Subaru (Australia) Pty did not constitute the same market power control as in the US case of Eastman Kodak Co v. Image Technical Services. In Kodak, the US Supreme Court ruled Kodak had market control regarding their parts because they did not provide customers with necessary information at the time of purchase. In Regents, Subaru provided information and customers were not prevented from obtaining parts.

Recent case law gives guidance on indications of market power by barriers to entry or market shares. Market share could be an unreliable indicator, whereas the fundamental factor is barriers to entry. This is illustrated by the decision in Queensland Wire Industries Pty v. Broken Hill Proprietary Co. Applicants should therefore focus on entry barriers and conditions during discovery procedures, including the finding of independent witnesses.

The US Supreme Court expanded the current application of antitrust laws to vertical nonprice restraints by denying defendant's summary judgment motion in Eastman Kodak Co. v. Image Technical Services, Inc. even though market power had not been shown. Plaintiffs alleged that Kodak's policy that photocopier parts customers only use Kodak aftermarket services, and not independent service companies, constituted tying and monopolization. The Court's ruling reverses case law that had required a showing of market power to sustain antitrust claims.

Antitrust cases in sports or entertainment involve features of product market definition unique to these industries. The products are not functional or utilitarian and consumer preferences are very subjective or dependent upon brand loyalty. Single product and franchise restraints define some markets, while the means of distribution also defines products. A claim of restraint of trade must consider the market definition in this light.

The Australian Federal Court, in Singapore Airlines v Taprobane Tours Pty, found that the airline did not violate the Trade Practices Act by cutting services and raising prices to a tour wholesaler. Taprobane charged abuse of market power and won in a lower court, but the full federal court cleared the airline, relying on a definition of the market which did not indicate abuse of power. The question of agency arrangements was not addressed and should be in the future.

Total has lodged an appeal after being found liable for [pounds sterling]500m of claims resulting from the Buncefield oil depot explosion. The oil company has been locked in a legal [...]

jack schofield tech talk We are now coming to the end of the dissenting US states' attempt to achieve a travesty of justice in the last round of the Microsoft […]

Washington The Microsoft antitrust case is finally drawing to an end, on terms that aren't likely to have a significant impact on corporate users or Microsoft Corp. The U.S. Justice […]

MICROSOFT, deadlocked with the US Department of Justice, could be running into deeper trouble with the European Union. Microsoft faces EU investigation over alleged abuse of its market position to […]

Is Microsoft a victim or a monopolist? The convicted murderer is sentenced to death by lethal injection. Upon review, the appeals court decides that the presiding judge made inappropriate remarks […]

Microsoft Corp. and the federal government are headed for a showdown over exactly what remedies should be imposed on the software maker for its anti-competitive behavior. The two parties disagreed […]

MICROSOFT may be forced to alter future versions of its Windows operating system to incorporate more rival software, after the European Commission (EC) expanded its antitrust investigation of the software […]

The decision by the U.S. Court of Appeals in the government's antitrust case against Microsoft Corp. has spawned the expected flurry of coverage, comment and spin, but little light has […]

Microsoft's antitrust appeal did not go well, but the question of tying was left open One of the most surprising aspects of the Microsoft antitrust trial has been the quality […]

BT has been cleared of being anti-competitive following the launch of its two new voice and Internet access tariff packages, Surf and Talk Together. Telco watchdog Oftel investigated BT earlier […]

By Rodney L. Pringle, rpringle@pbimedia.com The Federal Communications Commission said last week it is seeking public comment on the license transfer conditions it placed on AT&T's [T] acquisition of MediaOne […]

Microsoft is facing class-action lawsuits for allegedly using its monopoly power to overcharge customers who bought its Windows operating system in California, Arizona and now in Minnesota. More states are […]

Newly released evidence reignites debate over the 'JEDEC Trial' Documents uncovered in the ongoing legal battle between Rambus Inc. and several DRAM makers could bolster claims that Rambus deliberately broke […]

THE U.S. COURT of Appeals will dedicate a portion of the oral arguments in the Microsoft antitrust case to reviewing the conduct of U.S. District Judge Thomas Penfield Jackson, who […]

Microsoft this week submitted a 150-page document to the US Court of Appeal in a bid to overturn a lower court ruling that would split the company in two. In […]

MICROSOFT MUST PAY software maker Bristol Technology $3.7 million for legal fees in addition to the $1 million it was ordered to pay the company in September for unfair trade […]

The European Commission has granted Microsoft an extension to its deadline for a response to charges that it has abused its dominant position to take control of the server software […]

Arrogant and stupid is a dangerous combination. In war, it can get lots of people killed. In business, where many like to use the metaphors of war, it can lead […]

The U.S. Department of Justice has thrown a speed bump into the merge lane in front of MCI WorldCom [WCOM] and Sprint [FON]. The DoJ yesterday filed suit in U.S. […]

ALMOST EVERYONE IN BUSIness agrees that the government sticking its nose into the high-tech industry is a truly bad idea, and that the effect of intervention by a bunch of [...]