AFMS LLC v. United Parcel Service Co.
Opinion
Lead Opinion
Bernal, J.
ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT
Before the Court are two motions for summary judgment filed by Defendants United Parcel Service Co. and FedEx Corporation. After considering all of the papers filed in support of and in opposition to the motions, as well as the arguments presented at the October 2, 2014, hearing, the Court GRANTS the motions.
I. BACKGROUND
■ Plaintiff AFMS LLC (“AFMS”) commenced this antitrust action against United Parcel Service Co. (“UPS”) and FedEx Corporation (“FedEx”) (collectively, “Defendants”) on August 5, 2010. (Doc. No. 1.) After AFMS filed a First Amended Complaint, (“FAC,” Doc. No. 31), Defendants moved to dismiss, and, on May 27, 2011, the Court (Morrow, J.) granted their motions on the grounds that AFMS failed to plead sufficient facts to show that it had antitrust standing and failed to allege the type of anticompetitive conduct that would support a monopolization claim, (“MTD 1 Order,” Doc. No. 55). The FAC alleged that AFMS suffered injury in the relevant market for the business of delivering time sensitive letters, documents, and packages within the United States and to and from foreign countries. (FAC ¶ 16.) The Court…