LAW 642 Lecture Notes - Lecture 11: Summary Judgment, Independent Business
30 May 2020
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Plus factor requirement: parallel action is not enough to get past summary judgment on implicit agreement claim. Here, defendant did not sustain this burden because key testimony from distributor executive who would have been in a position to affirm or deny the existence of an explicit agreement was conspicuously absent. Deliberate parallelism: in addition, the court explains that even if there were not an explicit agreement, this kind of deliberate parallelism would be sufficient to establish a conspiracy in violation of the sherman act. This last holding has been largely overruled (the circumstantial evidence has to point to an agreement today), but the remainder of the case is modern. Theatre enterprises, inc. v. paramount film distributing (1954): P owned theater in suburb and alleged that distributors were restricting movie sales to urban movie theaters pursuant to urban movie theaters" requirements that they receive exclusive first run license.
