Equilon

BACKGROUND

Rick-Mik appeals an order dismissing five of six counts of its complaint alleging antitrust violations against Equilon. The complaint alleged an unlawful tie between Equilon’s fran- chises (the “tying” product) and credit- and debit-card pro- cessing services (the “tied” product) which Equilon requires as part of the franchise agreement.

Shortly after Rick-Mik’s complaint was filed, in lieu of an answer, Equilon moved to dismiss counts one (violation of the Sherman Act, 15 U.S.C. § 1, for unlawful tying); two (viola- tion of the Sherman Act, 15 U.S.C. § 1, for unlawful price fix- ing); three (California state law violations for unlawful tying); four (California state law violations for unlawful price- fixing); and six (California state law violations for unfair competition). Count five, which Equilon did not move to dis- miss, claimed violations of California’s franchise investment law.

Because the appeal is from an order granting a motion to dismiss, we assume the factual allegations of the complaint are true. Knevelbaard Dairies v. Kraft Foods, Inc., 232 F.3d 979, 984 (9th Cir. 2000). The question is whether the allega- 8504 RICK-MIK v. EQUILON…