One well known example was the case where Caterpillar was sued when they would not work on a machine they sold that was under warranty, if you used a third party air filter. CAT lost.
No, it isn't. There are many examples of "Tying" or "bundling" that are perfectly legal. There are several tests that must be met before tying and bundling can be declared an illegal violation of the anti-trust laws.
A tying arrangement is defined as "an agreement by a party to sell one product but only on the condition that the buyer also purchases a different (or tied) product, or at least agrees he will not purchase the product from any other supplier." Tying may be the action of several companies as well as the work of just one firm.When a Mac purchaser buys a Mac, they are not required to pay extra for OS X. It is included with the purchase just as is the Mouse and keyboard. Also included at no extra charge is the iLife suite of applications. You don't buy these components of the system separately.Success on a tying claim typically requires proof of four elements:
- two separate products or services are involved;
- the purchase of the tying product is conditioned on the additional purchase of the tied product;
- the seller has sufficient market power in the market for the tying product;
- a not insubstantial amount of interstate commerce in the tied product market is affected.
“software was purchased,”
It amazes me how many people around here make declarative sentences when they have no idea what they are talking about.
I know of no example of Apple ever “selling software”. So how can there be a purchaser?
Apple does not sell software. PERIOD. Get a clue.