Ron Tonkin Gran Turismo, Inc. v. Fiat Distributors, Inc., and Wakehouse Motors, Inc.

Appellant, on November 26, 1975, brought this antitrust action against Fiat Distributors, Inc. (FDI) and Wakehouse Motors, Inc. (Wakehouse) alleging violations of Sherman Act §§ 1 and 2 and Clayton Act § 3. Appellant is a dealer in foreign cars in Portland. FDI is the United States distributor of Fiat automobiles and Wakehouse is the only Fiat dealer in the Portland area. This action was instituted after appellant’s unsuccessful attempt to become the second Fiat dealer in the Portland area.

The case was referred to a magistrate who found that appellant’s complaint included the following claims: (1) monopoly; (2) attempt to monopolize; (3) conspiracy to monopolize; (4) tying arrangements; (5) group refusal to deal; and (6) price fixing. Both appellees moved for summary judgment on all issues. On January 25, 1978, the magistrate, in his findings and recommendations, concluded that both appellees were entitled to summary judgment on all issues. Appellant filed objections to the magistrate’s findings and recommendations and the district court judge, after a de novo review, entered an order on December 4, 1978, which affirmed the magistrate’s findings and recommendations and dismissed…