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Hastings Communications and Entertainment Law Journal

Abstract

Computer industry marketing practices have been subject to frequent challenge under U.S. antitrust laws since the early 1980s. These challenges have principally been based on tying arrangement analysis under section 1 of the Sherman Act and section 3 of the Clayton Act, or monopolization under section 2 of the Sherman Act. This article discusses the background of the Supreme Court's treatment of computer industry marketing practices under U.S. antitrust law, establishes qualifications for acceptable marketing practices by reviewing the recent Supreme Court decisions Eastman Kodak Co. v. Image Technical Services and Data General Corp. v. Grumman System Support Corp., and highlights issues which remain unresolved after Grumman.

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