Gerlinger

MEMORANDUM & ORDER RE: PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS; DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff challenges an agreement between Amazon.com, Inc. and Borders Online, LLC as violating federal and California antitrust laws, the California unfair competition law and the common law of unjust enrichment. Defendants have moved for summary judgment on all claims. Plaintiff moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) or in the alternative, for a continuance pursuant to Rule 56(f) to conduct further discovery. Having considered the submissions of the parties, and for the reasons set forth below, the court rules as follows.

BACKGROUND

Plaintiff is a consumer who purchases books online and who “purchased books directly from at least one of the [defendants.” FAC ¶ 10. Amazon.com Inc. (“Amazon”) is a market leader in the online retail book market. Amazon has invested hundreds of millions of dollars in technology and the content design of its website, Amazon.com. Declaration of Steven Kessel (“Kessel Deck”) at ¶ 6. In addition to selling products to consumers, Amazon.com generates revenue by providing technology and business…