Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451, 27 (1992)

Page:   Index   Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

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

Opinion of the Court

ages with lifetime warranties or long-term service agreements that are not available to locked-in customers.

Respondents have offered evidence that the heavy initial outlay for Kodak equipment, combined with the required support material that works only with Kodak equipment, makes switching costs very high for existing Kodak customers. And Kodak's own evidence confirms that it varies the package price of equipment/parts/service for different customers.

In sum, there is a question of fact whether information costs and switching costs foil the simple assumption that the equipment and service markets act as pure complements to one another.24

We conclude, then, that Kodak has failed to demonstrate that respondents' inference of market power in the service and parts markets is unreasonable, and that, consequently, Kodak is entitled to summary judgment. It is clearly reasonable to infer that Kodak has market power to raise prices and drive out competition in the aftermarkets, since respondents offer direct evidence that Kodak did so.25 It is

also plausible, as discussed above, to infer that Kodak chose to gain immediate profits by exerting that market power where locked-in customers, high information costs, and discriminatory pricing limited and perhaps eliminated any long-24 The dissent disagrees based on its hypothetical case of a tie between equipment and service. "The only thing lacking" to bring this case within the hypothetical case, states the dissent, "is concrete evidence that the restrictive parts policy was . . . generally known." Post, at 492. But the dissent's "only thing lacking" is the crucial thing lacking—evidence. Whether a tie between parts and service should be treated identically to a tie between equipment and service, as the dissent and Kodak argue, depends on whether the equipment market prevents the exertion of market power in the parts market. Far from being "anomalous," post, at 492-493, requiring Kodak to provide evidence on this factual question is completely consistent with our prior precedent. See, e. g., n. 13, supra.

25 Cf. Instructional Systems, 817 F. 2d, at 646 (finding the conspiracy reasonable under Matsushita because its goals were in fact achieved).

477

Page:   Index   Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: October 4, 2007