Holladay

MEMORANDUM ***

A private antitrust plaintiff must show that it has suffered “antitrust injury.” Am. Ad Mgmt., Inc. v. Gen. Tel. Co., 190 F.3d 1051 , 1054-61 (9th Cir.1999). To do this, a plaintiff must show that defendants’ conduct “is of the type the antitrust laws were intended to prevent,” id. at 1055, because it “harms consumer welfare,” Rebel Oil Co. v. Atlantic Richfield Co., 51 F.3d 1421, 1433 (9th Cir.1995) (citations omitted). Conduct harms consumer welfare “only when it harms both allocative efficiency and raises the prices of goods above competitive levels or diminishes their quality.” Id. (citation omitted).

Western Wholesale has not shown that it suffered antitrust injury. There is no evidence that the defendants’ actions raised the prices of goods above competitive levels, or diminished their quality. Western points to hearsay that a salesman for Idaho Door Supply said his company was “in the process of raising its prices to its wholesale customers.” The only evidence Western offers to suggest that such a price increase ever occurred is its principal’s unfounded speculation in a deposition. After a de novo review of the record, we *509 agree with the district court…