California Ex Rel. Lockyer v. Safeway, Inc.

MEMORANDUM AND ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I

INTRODUCTION

On February 2, 2004, California Attorney General Bill Lockyer, on behalf of the State of California (“the State”), filed a complaint alleging that defendants Safeway, Inc., d.b.a. Vons, Albertson’s, Inc., Ralphs Grocery Company, (“the Supermarkets”) and Food 4 Less Food Company (“Food 4 Less”) (collectively “Defendants”) engaged in an unlawful combination and conspiracy in restraint of interstate trade and commerce in violation of section 1 of the Sherman Act. 15 U.S.C. § 1 . The State alleged that Defendants violated antitrust laws by entering into a Mutual Strike Assistance Agreement (“MSAA”) whereby they agreed, among other things, to share revenue in the event of a strike. Defendants now move for summary judgment, arguing that their MSAA is immunized from antitrust challenge because it is related to the Supermarkets’ participation in multiemployer collective bargaining and thus falls within the nonstatutory labor exemption to the antitrust laws. Having carefully considered all of the parties’ briefs, evidence and oral arguments, we rule as follows:

II

Summary Judgment Standard

We may grant…