Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451, 13 (1992)

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Cite as: 504 U. S. 451 (1992)

Opinion of the Court

Kodak insists that because there is no demand for parts separate from service, there cannot be separate markets for service and parts. Brief for Petitioner 15, n. 3. By that logic, we would be forced to conclude that there can never be separate markets, for example, for cameras and film, computers and software, or automobiles and tires. That is an assumption we are unwilling to make. "We have often found arrangements involving functionally linked products at least one of which is useless without the other to be prohibited tying devices." Jefferson Parish, 466 U. S., at 19, n. 30.

Kodak's assertion also appears to be incorrect as a factual

matter. At least some consumers would purchase service without parts, because some service does not require parts, and some consumers, those who self-service for example, would purchase parts without service.7 Enough doubt is cast on Kodak's claim of a unified market that it should be resolved by the trier of fact.

Finally, respondents have presented sufficient evidence of a tie between service and parts. The record indicates that Kodak would sell parts to third parties only if they agreed not to buy service from ISO's.8

fornia State Electronics Association et al. as Amici Curiae; Brief for National Office Machine Dealers et al. as Amici Curiae.

7 The dissent suggests that parts and service are not separate products for tying purposes because all service may involve installation of parts. Post, at 494-495, n. 2. Because the record does not support this factual assertion, under the approach of both the Court and the concurrence in Jefferson Parish Hospital Dist. No. 2 v. Hyde, 466 U. S. 2 (1984), Kodak is not entitled to summary judgment on whether parts and service are distinct markets.

8 In a footnote, Kodak contends that this practice is only a unilateral refusal to deal, which does not violate the antitrust laws. See Brief for Petitioner 15, n. 4. Assuming, arguendo, that Kodak's refusal to sell parts to any company providing service can be characterized as a unilateral refusal to deal, its alleged sale of parts to third parties on condition that they buy service from Kodak is not. See 903 F. 2d, at 619.

463

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