Canron, Inc. v. Plasser American Corp.

30 Citing cases

  1. O.S.C. Corp. v. Apple Computer, Inc.

    601 F. Supp. 1274 (C.D. Cal. 1985)   Cited 9 times

    Cascade Cabinet at 1370 (quoting Maricopa County, 102 S.Ct. at 2473); Northern Pac. R.R. v. United States, 356 U.S. 1, 5, 78 S.Ct. 514, 518, 2 L.Ed.2d 545 (1958); see Broadcast Music, Inc. v. CBS, Inc., 441 U.S. 1, 8, 99 S.Ct. 1551, 1556, 60 L.Ed.2d 1 (1979). Vertical non-price restraints are subject to a rule of reason analysis. Sylvania; see also Cowley v. Braden Industries, Inc., 613 F.2d 751 (9th Cir.), cert. denied, 446 U.S. 965, 100 S.Ct. 2942, 64 L.Ed.2d 824 (1980); First Beverages, Inc. v. Royal Crown Cola Co., 612 F.2d 1164 (9th Cir.), cert. denied, 447 U.S. 924, 100 S.Ct. 3016, 65 L.Ed.2d 1116 (1980); Clairol, Inc. v. Boston Discount Center, Inc., 608 F.2d 1114 (6th Cir. 1979); Tripper Corp. v. Chrysler Corp., 484 F. Supp. 507 (N.D.Cal. 1980). 6. Judge Marshall found that "plaintiffs do not offer significantly probative evidence that Apple's mail order prohibition adversely affects competition."

  2. Baker v. International Alliance of Theatrical Stage Employees & Moving Picture Operators

    691 F.2d 1291 (9th Cir. 1982)   Cited 9 times
    Noting that a regional director had found "found insufficient evidence of a de facto closed shop"

    While this legislative history may not be conclusive we view it as sufficient to support the consistent judicial interpretation of the Act as intending the General Counsel's discretion to be checked by his political responsibility rather than by judicial review. See Associated Builders Contractors, Inc. v. Irving, 610 F.2d 1221, 1224-25 (4th Cir.), cert. denied, 446 U.S. 965, 100 S.Ct. 2941, 64 L.Ed.2d 823 (1979); Dunn v. Retail Clerks International Ass'n, 307 F.2d 285, 289 (6th Cir. 1962). Thus the Supreme Court, in requiring disclosure of memoranda explaining his reasons for not issuing a complaint, has described the role of the General Counsel as follows:

  3. Lektro-Vend Corp. v. Vendo Co.

    660 F.2d 255 (7th Cir. 1981)   Cited 152 times   2 Legal Analyses
    Holding that "post-acquisition evidence favorable to a defendant can be an important indicator of the probability of anticompetitive effects," particularly where such evidence "could not reflect deliberate manipulation by the merged companies [to] temporarily ... avoid anticompetitive activity"

    Accord, Borger v. Yamaha Int'l Corp., 625 F.2d 390, 397 (2d Cir. 1980); Cowley v. Braden Industries, Inc., 613 F.2d 751 (9th Cir.), cert. denied. 446 U.S. 965, 100 S.Ct. 2942, 64 L.Ed.2d 824 (1980); Kaplan v. Burroughs Corp., 611 F.2d 286 (9th Cir. 1979), cert. denied, 447 U.S. 924, 100 S.Ct. 3016, 65 L.Ed.2d 1116 (1980); Daniels v. All Steel Equip., Inc., 590 F.2d 111, 113 (5th Cir. 1979); Gough v. Rossmoor Corp., 585 F.2d 381, 386-89 (9th Cir. 1978), cert. denied, 440 U.S. 936, 99 S.Ct. 1280, 59 L.Ed.2d 494 (1979); H B Equip. Co. v. Int'l Harvester Co., 577 F.2d 239, 246 (5th Cir. 1978); Northwest Power Products, Inc. v. Omark Industries, Inc., 576 F.2d 83, 90 (5th Cir. 1978), cert. denied, 439 U.S. 1116, 99 S.Ct. 1021, 59 L.Ed.2d 75 (1979); Kestenbaum v. Falstaff Brewing Corp., 575 F.2d 564, 570-71 (5th Cir. 1978), cert. denied, 440 U.S. 909, 99 S.Ct. 1218, 59 L.Ed.2d 457 (1979); Sitkin Smelting Refining Co. v. FMC Corp., 575 F.2d 440, 447-48 (3d Cir.), cert. denied, 439 U.S. 866, 99 S.Ct. 191, 58 L.Ed.2d 176 (1978). A showing of adverse market impact has been required in § 1 cases specifically involving noncompetition covenants.

  4. Laurence J. Gordon, Inc. v. Brandt, Inc.

    554 F. Supp. 1144 (W.D. Wash. 1983)   Cited 8 times

    Ordinarily, horizontal restraints are per se violations of Section 1 while vertical restraints are subject to the rule of reason. See Cowley v. Braden Industries, Inc., 613 F.2d 751, 754 (9th Cir. 1980), cert. denied, 446 U.S. 965, 100 S.Ct. 2942, 64 L.Ed.2d 824 (1981). Since horizontal restraints impact interbrand competition, they rarely have any purpose other than stifling competition.

  5. Foundation of Human Understanding v. Commissioner

    88 T.C. 1341 (U.S.T.C. 1987)

    Since these four sections are specifically enumerated, and declaratory judgments or injunctions are otherwise prohibited by section 7421 (a) (Bob Jones University v. Simon, supra), it follows that the jurisdictional prerequisite for an action under section 7428 (a) is an adverse determination under one of the four above-listed Code sections. See Ohio County Independent Agricultural Societies, Delaware County Fair v. Commissioner, 610 F.2d 448 (6th Cir. 1979), affg. an order of this Court dated July 14, 1977 (docket No. 4811-77X), cert. denied 446 U.S. 965 (1980). Section 170 (b)(1)(A) is not among the listed subsections.

  6. Found. of Human Understanding v. Comm'r of Internal Revenue

    88 T.C. 1341 (U.S.T.C. 1987)

    Since these four sections are specifically enumerated, and declaratory judgments or injunctions are otherwise prohibited by section 7421(a) (Bob Jones University v. Simon, supra), it follows that the jurisdictional prerequisite for an action under section 7428(a) is an adverse determination under one of the four above-listed Code sections. See Ohio County & Independent Agricultural Societies, Delaware County Fair v. Commissioner, 610 F.2d 448 (6th Cir. 1979), affg. an order of this Court dated July 14, 1977 (docket No. 4811-77X), cert. denied 446 U.S. 965 (1980). Section 170(b)(1)(A) is not among the listed subsections.

  7. Allen Eiry Trust v. Comm'r of Internal Revenue

    77 T.C. 1263 (U.S.T.C. 1981)   Cited 2 times

    Jurisdiction under section 7428 is limited to cases involving the specific code provisions enumerated in section 7428(a)(1)(A) through (C). See and compare Ohio County and Independent Agriculture Societies v. Commissioner, 610 F.2d 448, 449 (6th Cir. 1979), affg. an order of this Court, cert. denied 446 U.S. 965 (1980). CREATE (Christian, Research, Education, Action, Technical Enterprise), Inc. v. Commissioner, 634 F.2d 803, 810 (5th Cir. 1981), affg. an order of this Court.

  8. Jackman v. N.L.R.B

    784 F.2d 759 (6th Cir. 1986)   Cited 14 times
    Finding no jurisdiction

    It should be noted that there is legal authority that recognizes certain exceptions to the broad prosecutorial discretion vested in General Counsel by the 1947 Taft Hartley amendments to the Act; however the exceptions relate to General Counsel's arbitrary refusal to issue complaints. See, e.g., Associated Builders Contractors, Inc. v. Irving, 610 F.2d 1221 (4th Cir. 1979), cert. denied, 446 U.S. 965, 100 S.Ct. 2941, 64 L.Ed.2d 823 (1980) (General Counsel's refusal to issue unfair labor practice complaint not subject to judicial review, unless this act is in excess of delegated powers); NLRB v. International Brotherhood of Electrical Workers, 445 F.2d 1015 (9th Cir. 1971) (where decision of General Counsel not to issue complaint is wholly without basis in law, district court may mandate issuance of complaint). See generally 69 A.L.R.Fed. 870 § 4. Since in the case at bar a complaint did issue, this court is not confronted with the question.

  9. Martinez v. Smith

    768 F.2d 479 (1st Cir. 1985)   Cited 7 times
    In Martinez, citing Louisville, the First Circuit wrote: "[t]he plaintiff argues that there are grounds for mandamus jurisdiction under 28 U.S.C. § 1361, and for jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201.

    See Bova v. Pipefitters Plumbers Local 60, AFL-CIO, 554 F.2d 226, 228-229 (5th Cir. 1977). See also Baker, supra at 1297; International Ass'n of Machinists and Aerospace Workers, AFL-CIO v. Lubbers, 681 F.2d 598, 603 (9th Cir. 1982), cert. denied, 459 U.S. 1201, 103 S.Ct. 1185, 75 L.Ed.2d 432 (1983); Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter v. Irving, 610 F.2d 1221, 1228 (4th Cir. 1979), cert. denied, 446 U.S. 965, 100 S.Ct. 2941, 64 L.Ed.2d 823 (1980); Saez v. Goslee, supra at 215. The plaintiff does cite the Back Pay Act, 5 U.S.C. § 5596(b)(1) as a provision the General Counsel violated.

  10. Calculators Hawaii, Inc. v. Brandt, Inc.

    724 F.2d 1332 (9th Cir. 1983)   Cited 41 times
    Holding that plaintiff bears the burden of proving lack of legitimate business justifications in a Section 2 claim

    Lektro-Vend Corp. v. Vendo Co., 660 F.2d 255, 273 n. 20 (7th Cir. 1981), cert. denied, 455 U.S. 921, 102 S.Ct. 1277, 71 L.Ed.2d 461 (1982). See also Cowley v. Braden Industries, Inc., 613 F.2d 751, 754-55 (9th Cir.) (plaintiff must prove unreasonableness even when defendant has substantial market power), cert. denied, 446 U.S. 965, 100 S.Ct. 2942, 64 L.Ed.2d 824 (1980). Not only did Calculators fail to carry its burden, it adduced no evidence that Brandt's behavior was unreasonable.