Purex Corp. v. Procter & Gamble Co. And Clorox Co.

Purex appeals from the judgment entered by the district court in favor of Procter & Gamble and Clorox (hereinafter appellees). We note jurisdiction under 28 U.S.C. § 1291 (1976). We affirm for the reasons set forth below.

I

INTRODUCTION

Purex commenced this action in 1967, immediately after the Supreme Court affirmed the Federal Trade Commission’s order requiring Procter & Gamble to divest itself of Clorox. FTC v. Procter & Gamble, 386 U.S. 568 , 87 S.Ct. 1224 , 18 L.Ed.2d 303 (1967). Purex alleged that it had been injured as a result of the acquisition of Clorox by Procter & Gamble in. 1957. It sought monetary damages against appellees under section 4 of the Clayton Act, 15 U.S.C. § 15 (1976), alleging violations of section 7 of the Clayton Act, 15 U.S.C. § 18 (1976), and sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 (1976).

Both parties engaged in extensive' discovery before trial. After a lengthy bench trial, the trial court entered judgment against Purex. Purex v. Procter & Gamble, 419 F.Supp. 931 (C.D.Cal.1976).

On appeal, this court reversed the district court’s judgment, Purex v. Procter & Gamble (Purex I), 596 F.2d 881, 883 (9th Cir. 1979), and remanded to…