American Ad Management, Inc. v. General Telephone Co.
Opinion
Lead Opinion
Tashima, J.
American Ad Management, Inc. and O’Connor Agency (collectively “American”) appeal the district court’s grant of summary judgment in favor of General Telephone Company of California and related companies (collectively “GTE”), in American’s suit against GTE for asserted violations of the federal antitrust laws and related state law claims. We previously reversed the district court’s award of summary judgment on the merits in favor of GTE. See American Ad Management, Inc. v. GTE Corp., 92 F.3d 781 (9th Cir.1996) (“American Ad I”). On remand, the district court again granted summary judgment to GTE, holding that American lacks antitrust standing. American appeals, contending that it has standing under the test set forth in Associated General Contractors of California, Inc. v. California State Council of Carpenters, 459 U.S. 519 , 103 S.Ct. 897 , 74 L.Ed.2d 723 (1983), and theories based on American’s participation in the restrained market and the fact that American’s injury was inextricably intertwined with GTE’s anticompetitive scheme. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.