Tuesday, January 20, 2009

Antitrust and Refusal To Deal

IBM's recent accession to status as a civil litigation defendant (against T3 Technologies Inc.) raises issues Apple faces in its litigation with wannabe Apple Clone vendors.  Both desktop computers and MP3 players have been at issue in Apple-directed antitrust suits.  

Given that Pystar has been poured out of court for arguing Apple ought to have sold its operating system, I doubt T3's claim to have suffered antitrust injury is likely to fair better under similar facts.  Especially given that Sun's mainframe operating system is now available fee-free.  
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