Western Parcel Express v. United Parcel Service of America, Inc.

ORDER

The Memorandum disposition filed June 25, 1999, is redesignated as an authored Opinion by Judge Sneed.

*975 OPINION

Western Parcel Express (“WPX”) appeals from the decision of the United States District Court for the Northern District of California, the Honorable Charles A. Legge, Presiding, which granted summary judgment in favor of United Parcel Service of America, Inc., et al. (“UPS”). We affirm.

WPX in its complaint alleged that UPS: (1) monopolized and attempted to monopolize the package delivery market through predatory pricing; and (2) illegally restrained trade .in the package delivery market by entering into exclusive dealing contracts with buyers. The parties stipulated to bifurcated proceedings and limited discovery to the issue of whether UPS had the required market power in the relevant market. At the close of discovery on this issue, UPS moved for summary judgment, arguing that WPX failed to establish the existence of market power in the relevant market. The district court agreed and granted summary judgment in favor of UPS. WPX now appeals that Order. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

To state a valid claim under Section 2…