Skye Taylor v. Volkswagen of America, Inc.

373 F. App'x 693

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 1, 2010
• Docket: 09-35343
• Status: Unpublished

Opinion

MEMORANDUM **

Skye Taylor appeals pro se from the district court’s summary judgment in his antitrust action alleging defendants violated the Sherman Anti-Trust Act, 15 U.S.C. § 1. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment to defendants because Taylor failed to raise a triable issue as to whether defendants’ geographic sales-limit policy imposes “an unreasonable restraint on competition.” Business Elecs. Corp. v. Sharp Elecs. Corp., 485 U.S. 717, 723, 735-36, 108 S.Ct. 1515, 99 L.Ed.2d 808 (1988) (“[A] vertical restraint is not illegal per se unless it includes some agreement on price or price levels.”); JBL Enters., Inc. v. Jhirmack Enters., Inc., 698 F.2d 1011, 1017 (9th Cir.1983) (explaining that market shares of a few percentage points “are too small for any restraint on intrabrand competition to have a substantially adverse effect on interbrand competition”).

Taylor’s remaining contentions are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.