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SYSTEMCARE v WANG LABORATORIES Click to find out why . . .


Keywords & Phrases
CaseNo: SVWL161578, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: SYSTEMCARE, State: CO Colorado, UniqueCaseRef: LCD>SVWL161578, Tying, Contracts, Sherman Act, United States, Buyer, Seller, Contract, District Court, Chanute, Natural Gas, Tying Arrangement, Williams, Agreement, Trade, Supreme Court, Wang, Cir, Concerted Action, Trade Cas, Support, Antitrust, Restraint, Systemcare, Cert, City, Circuit, Panel, Antitrust Law, Gas Distributors, Ferc, Wang Laboratories, Support Services, Unreasonable Restraint, Treated Tying Contracts, Software Support, Amicus Curiae, Appellant, Conspiracy, Customers, Rehearing , ContentID: 120245930

Case Documents
1   EN BANC BRIEF OF US
[ see first page and extracted highlights below  ] ItemID: 112763 		25 pages
PDF
2   AMICUS US EN BANC
[ see first page and extracted highlights below  ] ItemID: 112762 		18 pages
PDF
3   AMICUS US
[ see first page and extracted highlights below  ] ItemID: 112761 		21 pages
PDF
Total Documents: 3 documents , 64 pages
Price: $ 29.95


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1 . EN BANC BRIEF OF US

EXTRACTED KEY WORDS 
TYING
COURT
BUYER
SHERMAN ACT
UNITED STATES
SELLER
AGREEMENT
TYING ARRANGEMENT
TRADE
DISTRICT COURT
WANG
SUPREME COURT
RESTRAINT
CIR
SUPPORT
DEFENDANT
CONCERTED ACTION
SYSTEMCARE
PLAINTIFF
AMICUS CURIAE
APPELLANT
ANTITRUST LAW
WANG LABORATORIES
TREATED TYING CONTRACTS
BUYER-SELLER TYING CONTRACTS
RESALE PRICE MAINTENANCE
MARKET POWER
RESALE PRICES
CONSPIRACY

     IN THE UNITED STATES COURT OF APPEALS
             FOR THE TENTH CIRCUIT


                  No. 95-1032



               SYSTEMCARE, INC.,

                       Plaintiff-Appellant,

                      v.

           WANG LABORATORIES, INC.,

                       Defendant-Appellee.


ON APPEAL FROM THE UNITED STATES DISTRICT COURT
         FOR THE DISTRICT OF COLORADO


      EN BANC BRIEF FOR THE UNITED STATES
   AS AMICUS CURIAE IN SUPPORT OF APPELLANT



                            ANNE K. BINGAMAN
                              Assistant Attorney General

                            JOEL I. KLEIN
                              Deputy Assistant Attorney
                              General

                            CATHERINE G. O'SULLIVAN
                            DAVID SEIDMAN
                              Attorneys

                            U.S. Department of Justice
                            950 Pennsylvania Ave. NW
                            Washington, DC 20530-0001
                            (202) 514-4510



                              TABLE OF CONTENTS
SNIPPETS:
  • WANG LABORATORIES, INC.,
  • ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
  • EN BANC BRIEF FOR THE UNITED STATES AS AMICUS CURIAE IN SUPPORT OF APPELLANT
  • ARGUMENTI.Section 1 Of The Sherman Act Reaches Every Contract In Unreasonable
  • Restraint of Trade, Including Tying Contracts Between Buyer and Seller
  • The Buyer's Agreement To A Tying Arrangement Sought Only By The Seller
  • Satisfies The Requirement Of Concerted Action
  • Allen-Myland, Inc. v. International Business Machines Corp., 33 F.3d 194 (3d Cir.), cert.
  • Phillip E. Areeda, Antitrust Law
  • organization, Systemcare, Inc., against Wang Laboratories, Inc.
  • recognized that Systemcare "contends that a conspiracy exists between the WSS
  • consideration or a superseding contrary decision by the Supreme Court'" (Op.
  • The Supreme Court Has Long Treated Tying Contracts Between Buyer And Seller As Within The
  • sufficient market power not shown, and not unlawful under rule of reason
  • F.3d 194 (reversing and remanding judgment for defendant on tying
  • option," plaintiff failed to show either), cert.
  • that buyer-seller tying contracts do not constitute concerted action under the
  • its resale prices in advance and refuse to deal with those who fail to comply.
  • 8The district judge in this case, apparently drawing too closely on the very different

    • 2 . AMICUS US EN BANC

    		EXTRACTED KEY WORDS 
    TYING
COURT
UNITED STATES
SHERMAN ACT
BUYER
SELLER
TRADE
SUPREME COURT
CHANUTE
WANG
DISTRICT COURT
ANTITRUST
SUPPORT
CIRCUIT
PANEL
UNREASONABLE RESTRAINT
SYSTEMCARE
DEFENDANT
TYING ARRANGEMENT
PLAINTIFF
REHEARING
INTERPRETATION
THREATENS
ANTITRUST LAW
WANG LABORATORIES
DAVID SEIDMAN
TREATED TYING CONTRACTS
UNDERCUT ANTITRUST
CONSPIRACY

         IN THE UNITED STATES COURT OF APPEALS
             FOR THE TENTH CIRCUIT


                  No. 95-1032



               SYSTEMCARE, INC.,

                        Plaintiff-Appellant,

                       v.

            WANG LABORATORIES, INC.,

                        Defendant-Appellee.


ON APPEAL FROM THE UNITED STATES DISTRICT COURT
          FOR THE DISTRICT OF COLORADO


BRIEF FOR AMICUS CURIAE UNITED STATES OF AMERICA
        IN SUPPORT OF REHEARING EN BANC



                             ANNE K. BINGAMAN
                               Assistant Attorney General

                             JOEL I. KLEIN
                               Deputy Assistant Attorney
                               General

                             CATHERINE G. O'SULLIVAN
                             DAVID SEIDMAN
                               Attorneys

                             U.S. Department of Justice
                             10th & Pennsylvania Ave. NW
                             Washington, DC 20530
                             (202) 514-4510



1
    SNIPPETS:
  • FOR THE TENTH CIRCUIT
  • WANG LABORATORIES, INC.,
  • ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
  • BRIEF FOR AMICUS CURIAE UNITED STATES OF AMERICA IN SUPPORT OF REHEARING EN BANC
  • Section 1 of the Sherman Act Reaches Every Contract In Unreasonable Restraint of Trade,
  • Seller As Within The Reach of Section 1
  • Chanute, As Interpreted By The Panel, Threatens to Undercut Antitrust
  • Sherman Act, Section 1, 15 U.S.C. 1
  • Antitrust Law and Trade Regulation
  • The erroneous interpretation of Section 1 of
  • organization, Systemcare, Inc., against Wang Laboratories, Inc.
  • holding that "a tying arrangement imposed by a single entity is not proscribed
  • recognized that Systemcare "contends that a conspiracy exists between the WSS
  • the Sherman Act and of consistent Supreme Court tying cases spanning many
  • Section 1 of the Sherman Act Reaches Every Contract In Unreasonable Restraint of Trade,
  • The Supreme Court Has Long Treated Tying Contracts Between Buyer and Seller As Within The
  • F.3d 194 (reversing and remanding judgment for defendant on tying
  • plaintiff failed to show market power or effect
  • I, David Seidman, hereby certify that on this 11th day of June, 1996, I

    • 3 . AMICUS US

    		EXTRACTED KEY WORDS 
    CONTRACTS
NATURAL GAS
CHANUTE
TYING
SHERMAN ACT
WILLIAMS
DISTRICT COURT
UNITED STATES
BUYER
SELLER
TRADE CAS
CIR
CONCERTED ACTION
CERT
CITY
GAS DISTRIBUTORS
FERC
SUPPORT SERVICES
SOFTWARE SUPPORT
CUSTOMERS
TRANSPORT
VIOLATION
REQUIREMENTS CONTRACTS
AGREEMENT
TIED PRODUCT
TYING ARRANGEMENT
SUMMARY JUDGMENT
UNREASONABLY RESTRAIN
SUPREME COURT

                          IN THE UNITED STATES COURT OF APPEALS
                              FOR THE TENTH CIRCUIT
    No.
                                       95-1032

                                SYSTEMCARE, INC.,
                                          Plaintiff-Appellant,
          v.

                             WANG LABORATORIES, INC.,
                                          Defendant-Appellee.
                 ON APPEAL FROM THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLORADO
                 BRIEF FOR AMICUS CURIAE UNITED STATES OF AMERICA
                             IN SUPPORT OF APPELLANT
                                             ANNE K. BINGAMAN
                                               Assistant Attorney General

                                             DIANE P. WOOD
                                               Deputy Assistant Attorney
                                               General

                                             CATHERINE G. O'SULLIVAN
                                             DAVID SEIDMAN
                                               Attorneys

                                             U.S. Department of Justice
                                             10th & Pennsylvania Ave. NW
                                             Washington, DC 20530
                                             (202) 514-4510









       1






     2
    SNIPPETS:
  • ON APPEAL FROM THE UNITED STATES DISTRICT COURT
  • THE DISTRICT COURT ERRED IN HOLDING THAT A CONTRACT BETWEEN A BUYER AND A SELLER DOES NOT
  • PURPOSES OF SECTION 1 OF THE SHERMAN ACT
  • Contracts Between Buyer and Seller
  • Associated Gas Distributors v. FERC,
  • 1987), cert.
  • 12, 13 City of Chanute v. Williams Natural Gas Co., 1990-1 Trade Cas.
  • 1990), aff'd, 955 F.2d 641 (10th Cir.
  • 14, 15, 16 City of Chanute v. Williams Natural Gas Co., 1995-1 Trade Cas.
  • Whether a contract between a customer and the seller in an alleged tying scheme can
  • provides support services, including maintenance and repairs, for VS computer hardware.
  • Wang began selling hardware and software support services separately.
  • 1We recite the facts as they stood in 1992, when the district court granted summary judgment.
  • Wang contended that substantial percentages of its software support customers
  • The court observed that this Court "now holds that a tying arrangement imposed by
  • The Supreme Court long ago concluded that Congress intended only to proscribe
  • violation of Section 1 of the Sherman Act.
  • market analysis that the contracts did not unreasonably restrain trade.
  • Mercy Hospital tied the market for physician services (the tied product) to the market for
  • not enter into an agreement with anyone.
  • Oklahoma cities had entered into requirements contracts for natural gas with
  • Associated Gas Distributors v. FERC, 824 F.2d 981, 994 (D.C.
  • Commission to transport gas for third parties "on a permanent basis."
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