Metzler v. Bear Automotive Service Equipment Co.

AMENDED ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON COUNTS 3 THROUGH 13

GOLD, District Judge.

The issue before the Court on defendants’ motion for summary judgment is whether, under the principles set forth in Eastman Kodak Co. v. Image Technical Servs., 504 U.S. 451, 112 S.Ct. 2072, 119 L.Ed.2d 265 (1992), the defendants’ alleged refusal to sell certain internal parts for their automotive diagnostic equipment without repair service can constitute illegal tying or monopoly in violation of sections 1 and 2 of the Sherman Act where the defendants never changed their parts and service…