A class action complaint alleged that the Staples/HP deal in which Staples agreed to stop selling its own ink for HP printers and instead to promote the HP band of ink constituted a per se illegal horizontal agreement not to compete. Apparently intending to reach the appellate level quickly, the plaintiffs alleged only a per se claim. District of Massachusetts Judge Rya Zobel dismissed the complaint, holding that an agreement between a supplier and a retailer could not be condemned per se. This appears to be an interesting case to watch.