Metro Mobile Cts, Inc. Metro Mobile Cts of Phoenix, Inc. v. Newvector Communications, Inc., and Newvector Retail Service, Inc.

Plaintiffs-appellants, Metro Mobile CTS, Inc., and Metro Mobile CTS of Phoenix, Inc., (“Metro Mobile”) appeal the district court’s decision to grant summary judgment in favor of defendants-appellees, NewVector Communications, Inc. and New-Vector Retail Services, Inc., (“NewVector”). Metro Mobile’s complaint alleged that throughout the period in which New-Vector enjoyed a “headstart” over its only other competitor (Metro Mobile) in the Phoenix market for wholesale cellular telephone service, it engaged in pricing and non-pricing conduct that constituted monopolization under section two of the Sherman Antitrust Act, 15 U.S.C. § 2 (1988). In an exhaustive opinion, see Metro Mobile CTS v. NewVector Communications, Inc., 661 F.Supp. 1504 (D.Ariz.1987), the district court held that NewVector’s pricing conduct was immune under the state action immunity doctrine and that, in any event, NewVector did not possess the requisite monopoly power to violate section two of the Sherman Act. We affirm on the latter basis.

I.

After conducting de novo review of the district court’s grant of summary judgment, see State Farm Fire & Cas. Co. v. Martin, 872 F.2d 319, 320 (9th Cir.1989), we agree with…