Reflections on <i>Eastman Kodak Co. v. Image Technical Services, Inc.</i>: Continued Confusion Regarding Tying Arrangements and Antitrust Jurisprudence

This Article begins with a brief history of the Supreme Court's often unclear and contradictory treatment of tying arrangements. Against this historical background, the discussion then turns to an analysis of the majority and dissenting opinions in Kodak in part I. Part IV focuses on the important legal questions left unresolved by Kodak and considers its impact on existing tying doctrine. Finally, the Article discusses possible alternative approaches to existing tying analysis. The pervading theme of the Article is that the Supreme Court has missed an opportunity to articulate a clearer, more workable rule regarding tie-ins.

While the actual result in Kodak may be unobjectionable, the Article demonstrates that the Court failed to deliver the result in a useful package. Further, the Article assesses the impact of Kodak on antitrust doctrine more generally and focuses on issues left unsettled by the decision.