Metro Industries, Inc. v. Sammi Corp.
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.