(Download) "Big Apple Bmw, Inc. v. Bmw of North America" by United States Court of Appeals for the Third Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Big Apple Bmw, Inc. v. Bmw of North America
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 06, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 110 KB
Description
Opinion OF THE COURT1 MANSMANN, Circuit Judge. In these cross appeals, we are once again called upon to delineate that quantum of evidence necessary for an antitrust plaintiff
to prove in order to withstand a motion for summary judgment. Here the unsuccessful applicants for several BMW franchises
brought suit against the United States distributor for BMW automobiles, BMW of North America (BMW NA). The applicants (the
Potamkins) assert that BMW NA and its dealers violated the Sherman Act by engaging in concerted action to exclude them from
becoming dealers. BMW NA contends that it acted independently of its dealers and tenders business reasons for its refusal
to deal with the Potamkins. In response, the Potamkins have countered each business reason with circumstantial evidence of
concerted action. Thus faced with equal and competing inferences, we must apply to the standard for summary judgment, in which
all inferences must be drawn in favor of the non-moving party, Country Floors, Inc. v. A Partnership Composed of Gepner and
Ford, 930 F.2d 1056, 1061 (3d Cir. 1991), the holding in Monsanto Co. v. Spray-Rite Serv. Corp., 465 U.S. 752, 768, 79 L.
Ed. 2d 775, 104 S. Ct. 1464 (1984), that in an antitrust action "there must be evidence that tends to exclude the possibility
of independent action by the manufacturer and distributor."
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