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Antitrust Keyed to Sullivan, 8th Ed.
Berkey Photo, Inc. v. Eastman Kodak Co.
Citation:
603 F.2d 263 (1979)Facts
Kodak held monopoly power in film (over 82% market share) and color paper (60-94% market share) and significant power in cameras (61-90% market share) throughout the relevant period. In 1972, Kodak introduced the 110 Pocket Instamatic camera system along with Kodacolor II film, available initially only in the 110 format for eighteen months. Kodak did not predisclose the new format or film specifications to competing camera manufacturers, giving itself several months’ lead time in the market. Berkey, which had been in photofinishing since 1933 and cameras since 1966, could not introduce competing 110 cameras until late 1973. Kodak also entered joint development agreements with Sylvania (magicube) and General Electric (flipflash) that included secrecy provisions preventing disclosure to other camera manufacturers. These agreements delayed market introduction and prevented competitors from developing compatible cameras simultaneously. Additionally, Kodak’s introduction of Kodacolor II required a new high-temperature C-41 processing method, disadvantaging independent photofinishers who lacked advance notice and appropriate equipment.
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