Recharger.com

Dear (Attorney General),

On November 29, the U.S. Supreme Court will hear a very important case that could have dramatic effects on the rights of consumers and the environment.

Illinois Tool Works & Trident (ITW) vs. Independent Ink, Inc., (Independent) docket # 04-1329. ITW will ask the Courts to remove the "per se" presumption of determining market power in a Sherman Act Section 1 antitrust tying case.

The case at hand involves a patented inkjet printer manufactured by ITW and through their condition of sale, requires all purchasers to only purchase their (non-patented) inks at nearly twice the price being offered by Independent.

At present, long-standing antitrust laws prohibit such restrictive tying arrangements if the seller has market power. The negative impact on the inkjet and toner remanufacturing industries, automotive aftermarket parts and service industries, generic pharmaceutical industries and other service and aftermarket supplies industries AND all consumers would be catastrophic.

The domestic toner remanufacturing industry alone accounts for roughly $2.8 billion in sales, employing thousands of employees and small businesses. Remanufacturers collect cartridges from the consumer and repair worn parts, replace used toner and resell the cartridges at approximately half the price of a new cartridge while saving more than 40,000 tons of landfill waste yearly.

State and federal procurement policies, which encourage and in some cases mandate recycling, remanufacturing and the use of less expensive generic supplies, would also be threatened by the proposed watering down of our antitrust laws. The proposal to change long-standing antitrust law would dramatically increase the costs of consumables AND impact environmentally friendly recycling programs.

With consumer organizations including: AARP, Consumer Federation of America, Int'l Imaging Technology Council (remanufacturers), Automotive Aftermarket parts and Service Organization, Generic Pharmaceutical Industries, American Antitrust Association and hosts of legal and academic scholars supporting our cause, we are up against formidable opposition.

This opposition includes Fortune 100 big business IP Lawyer Associations, the automotive manufacturers, major pharmaceutical giants, telecommunications giants, inkjet and laser printer manufacturers. Even the U.S. DoJ has weighted in through an Amicus brief claiming that restrictive tying arrangements are pro-competitive and pro-consumer.

We are asking for your support in protecting the rights of the consumer, domestic small businesses and State and Federal Procurement Offices to preserve their ability of purchasing choices.

Please help us win this important battle by supporting the environment and the consumer's right to choose.

Sincerely,