Laughlin

MEMORANDUM

Defendants Frank Wells and Warner Bros. Inc. move this court for a summary judgment to dismiss Counts I and III of the Amended Complaint which allege violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. Defendants claim that plaintiffs, as mere profit participants, lack standing to sue under Section 4 of the Clayton Act, 15 U.S.C. § 15 .

Approximately a year ago, in this case, this court, citing Mulvey v. Samuel Goldwyn Productions, 433 F.2d 1073 (9th Cir. 1970), cert. denied, 402 U.S. 923 , 91 S.Ct. 1377 , 28 L.Ed.2d 662 (1971), rejected a similar argument and ruled that plaintiffs did, in fact, have standing to pursue their antitrust claims. What is new in the instant motion is defendants’ contention that two cases decided subsequent to this court’s ruling last year, in effect, overrule Mulvey and apply a stricter standing requirement under Section 4, a requirement which plaintiffs cannot meet. The two cases are Brunswick v. Pueblo Bowl-O-Mat, Inc., 429 U.S. 477 , 97 S.Ct. 690 , 50 L.Ed.2d 701 (1977) and Lenore v. Olympia Brewing Co., 550 F.2d 495 (9th Cir. 1977).

I

While there are significant factual disputes in this case, for the sole…