General Communications Engineering, Inc. v. Motorola Communications and Electronics, Inc.

This is an action brought by plaintiff General Communications Engineering, Inc. (hereafter “G.C.E.”) against defendant Motorola Communications and Electronics, Inc. (hereafter “Motorola”) alleging violations of section 2 of the Sherman Act, 15 U.S.C. § 2 , the California Cartwright Act (Business & Profession Code §§ 16750 et seq.), and § 3369 of the California Civil Code and other related provisions of California law. The gravamen of the complaint is Motorola’s deliberate use of alleged unfair trade practices pursuant to a plan to monopolize the market for private two-way radio communications equipment in California and throughout the United States. The alleged unfair trade practices which plaintiff complains of consists of Motorola contacting customers and potential customers of plaintiff and attempting to convince them to do business with Motorola. In so doing, the complaint alleges that Motorola disparages the quality of plaintiff’s equipment and service. The complaint also alleges that defendant deliberately attempts to induce plaintiff’s customers to break existing contracts with plaintiff and otherwise unjustifiably interferes with plaintiffs contractual relations. Plaintiff…