Cartrade, Inc., a Corporation v. Ford Dealers Advertising Association of Southern California, a Corporation, and Ford Motor Company, a Corporation
Opinion
Opinion
Duniway, J.
Cartrade, Inc. brought suit for damages, alleging that the Ford Dealers Ad vertising Association of Southern California (FDAA) and the Ford Motor Company (Ford) had conspired to destroy Cartrade’s business, in violation of sections 1 and 2 of the Sherman Act ( 15 U.S.C. §§ 1 , 2). The case was tried before a jury. The issue of liability was tried first, and after Cartrade rested, the trial court granted directed verdicts in favor of both defendants, and entered judgment in their favor. Cartrade appeals; we affirm.
The motions for directed verdict were based upon two grounds: that no substantial effect on interstate commerce was shown, and that, if there were some such effect shown, still, as a matter of law, no violation of the anti-trust laws was shown. The trial court rested its decision solely on the first ground.
1. The Facts.
We state the facts most favorably to Cartrade. Here is what the record shows.
a. The Parties.
Ford is a motor car manufacturer, doing a nationwide business, and selling its cars to franchised retail dealers. FDAA is a nonprofit corporation, whose members are all of the franchised Ford dealers in Southern California, numbering 143, plus one dealer in…