Warranty Tie-in Sales Provisions Are Generally Illegal, But Could They Also Violate Antitrust Laws?

September 22, 2005

Reprinted with permission from Recharger Magazine (702) 438-5557.

Say you're an original equipment manufacturer, or OEM, of industry-leading copiers or printers, but aftermarket parts and toner supplies are eating into your revenue and profits.  What can you do?  Make your toner more competitive in the marketplace?  Or, pursue an aggressive marketing strategy of bundling your products?  What about using your warranty as a marketing tool?  Is it fair or legal to compete by conditioning the copier's warranty on your buyers' use of your OEM-brand toner?  Could you be sued by a competitor?

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Stephen P. Safranski

Partner

Co-Chair, Antitrust and Trade Regulation Group

Jeffrey Vesel

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