Thurman Industries, Inc. v. Pay 'N Pak Stores, Inc.

This case presents multiple antitrust claims arising from defendant’s purchasing and marketing practices in its operation of “home center” stores in the Seattle, Washington area. Plaintiff appeals the dismissal by summary judgment of its claims for conspiracy in restraint of trade and actual monopolization under Sherman Act §§ 1 and 2, and the stipulated dismissal of its attempted monopolization claim under Sherman Act § 2 following the district court’s pre-trial order excluding certain evidence on the attempt claim. This appeal requires us to resolve two issues: whether plaintiff has raised a genuine issue of material fact as to the definition of the relevant product market that supports the conspiracy and actual monopolization claims; and whether the district court abused its discretion in excluding evidence on the attempted monopolization claim. We resolve both issues against the plaintiff and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The dispute underlying this lawsuit began after management discord forced Stan Thurman to resign as the chief executive officer of defendant Pay ‘N Pak, Inc. (“Pay ’N Pak”). Later, Mr. Thurman founded plaintiff Thurman Industries, Inc.…