Kaiser Cement Corporation, a Delaware Corporation v. Fischbach and Moore, Inc., the Howard P. Foley Co., a District of Columbia Corporation

Kaiser appeals a grant of summary judgment for defendants. Kaiser claims that defendants conspired to fix prices in the electrical construction industry in violation of the Sherman Act, 15 U.S.C. § 1 , Califor nia’s Cartwright Act, Cal.Bus. & Prof.Code 1116720 et seq., and the Racketeer Influenced Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. Kaiser also claims that defendants committed fraud. The district court held that Kaiser could not establish any damage and granted summary judgment. We AFFIRM.

FACTS

In 1979, Kaiser invited bids from several electrical construction companies for work at its Permanente, California cement plant. Three companies submitted bids, Fischbach & Moore, Inc. (Fischbach), the Howard P. Foley Company (Foley), and Roy M. Butcher Electric (Butcher). Kaiser alleges that Foley, Fischbach, and others conspired to fix bid prices.

Kaiser awarded the contract to Foley. Under the contract, Kaiser assumed the responsibility of coordinating the work. Foley’s work was to be completed within ten and a half months but actually took 24 months. Foley anticipated expending 67,-000 manhours but actually used 216,000. Foley claimed that Kaiser had breached the…