Service Engineering Co. v. Southwest Marine, Inc.

ORDER

Plaintiffs and defendants have filed cross-motions for summary judgment. The Court considers each in turn.

Plaintiffs’ Motion for Partial Summary Judgment

Plaintiffs seek summary judgment on three causes of action: count one, for violation of section 2 of the Sherman Act; count two, for violation of the Racketeer-Influenced and Corrupt Organizations Act (“RICO”); and count four, for unfair business practices in violation of section 17200 of the California Business and Professions Code.

(1) First count: section 2 of the Sherman Act

Plaintiffs correctly state the elements of a claim of monopolization under section 2 of the Sherman Act: (1) possession of monopoly power in (2) the relevant market, and (3) the willful acquisition or maintenance of that power. California Computer Products v. International Business Machines, 613 F.2d 727, 735 (9th Cir.1979).

Plaintiffs argue that, as a matter of law, the “relevant market” in this case is “the repair and maintenance of United States Navy vessels at seaports located within the State of California pursuant to small business set-aside contracts____” Although plaintiffs attribute this definition to the Small Business…