Don McGuire v. Columbia Broadcasting System, Inc., Columbia Broadcasting System Films, Inc., and General Foods

This is an appeal from a summary judgment in favor of the appellee (General Foods) which is one of three named defendants in a private antitrust action.

The appellant Don McGuire (hereinafter McGuire) an independent writer, producer and director of television shows and series, filed a treble-damage antitrust action which alleges violations of Sections 1 and 2 of the Sherman Act ( 15 U.S.C. §§ 1 and 2) and Section 3 of the Clayton Act ( 15 U.S.C. § 14 ), and names as defendants, Columbia Broadcasting System, Inc., (hereinafter CBS), Columbia Broadcasting Films, Inc., (hereinafter CBS Films), and appellee General Foods.

In the spring and summer of 1964, McGuire was requested by General Foods to make two pilot television films for possible use in the 1965-1966 prime time television season. (Prime time is the three and one-half hours between 7:30 and 11:00 P.M. each evening, seven days a week, excluding the summer season). General Foods, a Delaware Corporation, markets throughout the United States and many foreign countries a diversified line of packaged goods and grocery products, and as part of its several million dollar a year advertising program sponsors television series which…