Garabet

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This case involves federal antitrust claims and state unfair competition claims challenging the merger of two corporations engaged in the design, development, sale, and licensing of Laser Vision Correction (“LVC”) equipment, which enables surgical correction of vision problems including farsightedness, nearsightedness, and astigmatism. After reviewing the papers submitted by the parties, the case file, and oral argument, the Court hereby GRANTS Defendants’ motion for summary judgment.

I. PROCEDURAL HISTORY

On April 29, 1999, Plaintiffs Antoine L. Garabet, MD., Inc., and Abraham V. Shammas, M.D., Inc., d/b/a The Laser Eye Center, filed a Complaint against Defendants Autonomous Technologies Corp. (“ATC”) and Summit Technology, Inc. (“Summit”). Plaintiffs assert that the April 29, 1999 merger of the two Defendant corporations, as well as the June, 1998 agreement between Defendant Summit and another LVC equipment corporation, VISX, constitute restraints of trade and monopolization in violation of the Clayton Act Section 7 ( 15 U.S.C. § 18 ), the Sherman Act Section 1 ( 15 U.S.C. § 1 ), and California’s Unfair Competition…