CHARLES ZOSLAW AND JANE ZOSLAW husband and wife, dba MARIN MUSIC CENTRE, Plaintiff-Appellants, v. MCA DISTRIBUTING CORPORATION, DOUG ROBERTSON ADVERTISING, INC., MTS, INC., TOWER ENTERPRISES, INC., WARNER/ELEKTRA/ATLANTIC CORPORATION, ABC RECORDS, INC., POLYGRAM DISTRIBUTION, INC., CAPITOL RECORDS, INC. and CAPITOL INDUSTRIES-EMI, Defendants-Appellees, 693 F.2d 870

Summary

Appellants, former owners of a retail record store, sought review of orders granting summary judgment in favor of appellees, record distributors, retailer, and an advertiser, on various antitrust claims relating to appellants' inability to compete with large retailers. Appellants failed to satisfy the "in commerce" requirement of the Robinson-Patman Act, 15 U.S.C.S. § 13(a), (d), and (e), and there was no private right of action under the Act for other claims. There was no evidence of conspiracies to restrain trade and no reasonable factual inference in support of claims of monopolization under the Sherman Act, 15 U.S.C.S. § 1. On appeal, the court reversed the district court's ruling as to the Robinson-Patman claims except as to the appellee advertiser, finding that summary judgment as to the other appellees was premature. The court affirmed summary judgment as to the Sherman Act claims of unreasonable restraint of trade based on vertical or horizontal conspiracy, attempted ...