Korea Kumho Petrochemical Co. v. Flexsys America Lp

Good Law
370 F. App'x 875
United States Court of Appeals for the Ninth CircuitMarch 15, 201009-15003California983 words

Opinion

Opinion

MEMORANDUM

Plaintiff-appellant Korea Kumho Petrochemical Co., Ltd. (“KKPC”), a seller of the rubber chemical 6PPD, appeals the dismissal of its third amended complaint alleging that the defendants (collectively, “Flexsys”) violated sections 1 and 2 of the Sherman Act and California antitrust law, California Business and Professions Code § 16700 et seq. KKPC specifically alleges that Flexsys, a competing seller of 6PPD, coerced two potential buyers of 6PPD into boycotting KKPC and publicly threatened a patent infringement lawsuit to. further intimidate customers. . •

We have jurisdiction under 28 U.S.C. § 1291 , and we AFFIRM.

I. Injury to Competition

Injury to competition is a requisite of claims under §§ 1 and 2 of the Sherman Act, McGlinchy v. Shell Chem. Co., 845 F.2d 802 , 811 (9th Cir.1988), and of KKPC’s claims under California antitrust law, County of Tuolumne v. Sonora Cmty. Hosp., 236 F.3d 1148, 1160 (9th Cir.2001) (explaining that the analysis under state law “mirrors the analysis under federal law”). “It is competition, not competitors, which the Act protects.” Brown Shoe Co. v. United States, 370 U.S. 294, 344 , 82 S.Ct. 1502 , 8 L.Ed.2d 510 (1962).

KKPC argues…

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