Kodak and Section 2 of the Sherman Act Timeline

1921 - U.S. v. Kodak

• Consent decree prohibiting sale of private label film

1954 - U.S. v. Kodak

• 2^nd consent decree prohibiting tying film to photofinishing sales

1979 - Berkey Photo v. Kodak (2d Cir.)

• No obligation to pre-disclose new products to competitor

• Truthful advertising does not offend §2

1991 - ITS v. Kodak(U.S. Sup. Court)

• Single brand derivative after markets

1994 - Kodak v. U.S.

• Termination of 1921 and 1954 consent decree restrictions due to changed market conditions

1996 - ITS v. Kodak (9th Circuit)

• IP owner’s right to refuse to deal limited by motives

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