The molding of Apple products is an example of a commercial binder that has recently sparked controversy. Fernandez, on behalf of California-based Timothy P. Smith, and eventually attempted to file an injunction against Apple to prevent it from selling iPhones with some type of software blocking.  Some undertaking agreements are illegal in the United States, both under the Sherman Antitrust Act and Section 3 of the Clayton Act.  An undertaking agreement is defined as “an agreement by a party to sell a product, but only on the condition that the buyer purchases another (or related) product or, at the very least, agrees not to purchase the product from any other supplier.  The action of several companies and the action of a single company can be mutually responsible. The success of a right to fail generally requires proof of four elements: (1) two separate goods or services are involved; 2. The purchase of the tied product is subject to the additional purchase of the tied product; (3) the seller has sufficient market power on the market for the tying product; (4) Significant intergovernmental trade on the market for related products is concerned.  An undertaking agreement referred to in Article 3(4)(a) must be examined in order to determine its actual or probable negative effects on competition, the only determining factor, in accordance with the immediately applicable provision, to be calculated taking into account the enumerations referred to in Article 19(3) of the Law. It should be noted that vertical agreements are concluded in accordance with Article 3(4) of the C.C.I.
does not include consumers, since a manufacturer/service provider and the consumer can never be designated as part of a `production chain` or even as part of a `production chain`, or even operating in `different markets`, since a consumer does not participate in production. . . .