Universal Analytics, Inc. v. MacNeal Corporation Dr. Joseph Gloudeman Dr. Richard MacNeal

This is an appeal from entry of summary judgment in favor of the defendant in a private antitrust action claiming monopolization violations of section 2 of the Sherman Act, 15 U.S.C. § 2 (1988). Plaintiff-appellant is Universal Analytics, Inc. (“UAI”) and the defendant-appellee is Mac-Neal-Schwendler Corp. (“MSC”). Both parties occupy a small corner of the aerospace technology field, producing computer software programs called NASTRAN. The programs were originally developed by the National Aeronautics and Space Administration with which MSC contracted. We assume, as did the district court, that for purposes of deciding defendant’s summary judgment motion, the relevant market is NASTRAN programs. We also assume that entry barriers to the market are substantial.

UAI filed this action in 1987, alleging various violations of federal antitrust and state laws. The district court granted summary judgment for the defendant-appellee in a comprehensive opinion which describes the nature of all of the allegations and the reasons why the district court concluded there were no material issues of fact with respect to any of them. The district court’s opinion is reported at 707 F.Supp. 1170…