Monday, June 23, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Sheridan v. Marathon Petroleum (SD Ind., Judge Barker), an 11-page opinion, Judge Posner writes:
The plaintiffs, a Marathon dealer in Indiana and a company owned by him to whom he assigned his dealership contract, filed suit against Marathon under section 1 of the Sherman Act, 15 U.S.C. § 1, charging it with tying the processing of credit card sales to the Marathon franchise and also with conspiring with banks to fix the price of the processing service. The tying arrangement is challenged under section 1 of the Sherman Act rather than section 3 of the Clayton Act because the things alleged to be tied—the franchise and the processing service—are services rather than commodities. * * *
[Both claims] must be dismissed under the rule of Bell Atlantic for failure to allege a plausible theory of antitrust illegality. And therefore the entire suit was rightly dismissed. AFFIRMED.
Posted by Marcia Oddi on June 23, 2008 01:02 PM
Posted to Ind. (7th Cir.) Decisions