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Antitrust Keyed to Gavil, 5th Ed.
In re Independent Service Organizations Antitrust Litigation v. Xerox Corporation
Citation:
203 F.3d 1322 (2000)Facts
Beginning in 1984, Xerox established a policy of not selling parts unique to its copiers to ISOs unless they were also end-users of the copiers. This policy was expanded in 1987 and enforcement tightened in 1989, when Xerox cut off CSU’s direct purchase of restricted parts. To maintain its business servicing Xerox equipment, CSU used parts from various alternative sources. In 1994, Xerox settled an antitrust lawsuit with a class of ISOs, but CSU opted out and filed its own suit, alleging that Xerox violated the Sherman Act by setting prices on patented parts higher for ISOs than for end-users to eliminate ISOs as competitors in the service market. Xerox counterclaimed for patent and copyright infringement and argued that its refusal to sell or license its intellectual property was lawful.
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