Peter Harris v. Duty Free Shoppers Limited Partnership, Defendantappellee

Peter Harris sued Duty Free Shoppers under section 2(c) of the Robinson-Patman Act, 15 U.S.C. § 13 (c), and under the Cali fornia unfair competition statutes. The district court granted Duty Free’s motion for summary judgment. Harris appeals. In addition to challenging the merits of the district court’s ruling, Harris contends that the court erred by denying his application for further discovery prior to granting summary judgment.

We affirm the decision of the district court.

FACTS

Duty Free Shoppers operates a duty free store in downtown San Francisco which caters especially to Japanese tourists. Harris operates a competing store.

Duty Free pays lump sum amounts and commissions to tour companies and to tour guides to promote Duty Free’s downtown shop by scheduling stops of tour buses at the store, supplying Duty Free with advance information about the number and characteristics of the tour group that will be stopping at the store, distributing promotional materials to the tourists, assisting the tourists in ordering items, and explaining the regulations covering duty free merchandise to the tourists.

The tourists are not required to buy from Duty Free. They can and do…