John A. Sobrato and Carl E. Berg, Individually and D/B/A Sobrato-Berg Properties v. Prudential Insurance Company of America

Appellants appeal from an order and judgment dismissing their complaint on grounds that its allegations of violations of federal antitrust laws and pendent state antitrust tort violations failed to state claims upon which relief can be granted.

The allegations of the federal antitrust claim failed to establish the requisites of an illegal tying arrangement as set forth in Moore v. Jas. H. Matthews & Co., 550 F.2d 1207, 1212 (9th Cir. 1977). Most significantly, the complaint did not allege the existence of a tying arrangement in fact, i. e., an “agreement by a party to sell one product but only on the condition that the buyer also purchase a different (or tied) product, or at least agrees that he will not purchase that product from any other supplier.” Northern Pacific Ry. Co. v. United States, 356 U.S. 1, 5-6 , 78 S.Ct. 514, 518 , 2 L.Ed.2d 545 (1958). It did not allege that Prudential tried to tie together the sale of land and improvements to them, or that Prudential required Ford to take the two as a package. In fact, the complaint recited that Ford sought such a package and did not charge that Ford involuntarily agreed to lease the improvements from Prudential in order to get…