Metro Industries, Inc. v. Sammi Corp.

Good Law
82 F.3d 839·96 Daily Journal DAR 4883·1996 WL 204094·1996 U.S. App. LEXIS 9874·96 Cal. Daily Op. Serv. 2946
United States Court of Appeals for the Ninth CircuitApril 29, 1996No. 94-56180California5,019 words

Opinion

Lead Opinion

Wiggins, J.

Metro Industries, Inc. (“Metro”), an importer and wholesaler of kitchenware, sued Sammi Corp. (“Sammi”), a South Korean exporting company, and two of its American subsidiaries alleging, inter alia, that a Korean design registration system, which gives Korean holloware producers the exclusive right to export a particular holloware design for three years, constituted a market division that is a per se violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 . Metro alleges that Sammi used this registration system in 1983 to prevent Metro and other kitchenware importers from acquiring Korean-made stainless steal steamers from any of Sammi’s competitors in Korea.

Metro appeals the district court’s grant of Sammi’s motion for summary judgment on Metro’s Sherman Act § 1 claim, which was based on the district court record from Vollrath Co. v. Sammi Corp., 9 F.3d 1455 (9th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 2163 , 128 L.Ed.2d 886 (1994), a case in which another importer of Korean kitchenware sued Sammi for alleged violations of §§ 1 and 2 of the Sherman Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

FACTS AND PROCEDURAL HISTORY

Metro is an…

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