@article{49110,
      recid = {49110},
      title = {Tying as an Unfair Trade Practice.},
      pages = {1 online resource (pages 1099–1103)},
      abstract = {Antimonopoly Act, Secs. 2(9)(vi), 19, 24 – Color Creation  & Elecom v Brother  Headnotes by Atsuhiro Furuta 1. Where  technical measures (here: changing the circuit design of  new printers) are implemented without any technical  necessity but in order to tie goods in the aftermarket – by  making previously compatible toner cartridges unusable,  thereby creating the risk of excluding competitors from the  market in the tied goods (here: toner cartridges) – such  measures amount to an unfair trade practice (here: unlawful  tying) under the Antimonopoly Act.  2. Where the  exclusionary effect lasted only a relatively short period  of time (here: three months) and there is no risk of a  repetition of such unlawful conduct, injunctive relief  under Sec. 24 Antimonopoly Act must be refused.  Tokyo  District Court, judgment of 30 September 2021 ‒ 35167 (Wa)  of 2019 1 Facts: 1. Outline of the case The plaintiffs, who  produce and sell ink cartridges that can be used for the  defendant’s 5-type printers, argue that the defendant has  unfairly excluded them from the market of cartridges which  could be used for the above printers, by unreasonably  changing the circuit design, thereby making the defendant’s  printers no longer recognise the plaintiffs’ cartridges.  This would amount to a contravention of the Antimonopoly  Act (AMA) (breach of Secs. 19 AMA, 2(9)(vi)(c) and (f) AMA,  items 10 (tying) and 14 (unjustly interfering with the  business of a competitor) of the Fair Trade Commission’s  General Designation of Unfair Trade Practices No. 15 of  19822). The plaintiff claims against the defendant (α)  injunctive relief of the above circuit design change for  the above printers under Sec. 24 AMA, and (β) damages on  behalf of the defendant Elecom in the amount of JPY  15,729,364 plus interest.},
      url = {http://tind.wipo.int/record/49110},
      doi = {https://doi.org/10.1093/grurint/ikad097},
}