Solinger

MEMORANDUM OF OPINION GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

This matter came on for a hearing on the defendants’ motions for summary judgment. On March 4,1981, after careful consideration of the lengthy briefs and arguments of counsel, the pleadings, affidavits and other materials in the record, the court announced at a scheduled hearing that it was granting the defendants’ motions. After awaiting the resolution of matters in this circuit on potentially related issues, the court entered judgment in this case. The following constitutes a brief written explanation of the court’s reasons for granting the defendants’ motions.

FACTUAL BACKGROUND

This action involves an alleged conspiracy in the record marketing and distribution industry. Jack Solinger, the former president and general manager of Independent Music Sales, Inc. (IMS), seeks damages arising from alleged antitrust violations which include a territorial allocation conspiracy between defendants A & M Records (A&M) and Motown Record Corporation (Motown) and various actions taken by defendant Transamerica Corporation that resulted in a direct lessening of competition in the industry.

Beginning in…