There is a fascinating new Supreme Court decision out on the printer ink market (!). The upshot: Complainants who want to sell replacement ink aren’t afforded as much protection as they might think under antitrust and antitying laws. Why not? Because it’s all about market power, or the relative absence thereof.
Over the years, this Court’s strong disapproval of tying arrangements has substantially diminished, as the Court has moved from relying on assumptions to requiring a showing of market power in the tying product.