Glen Holly Entertainment Inc. v. Tektronix Inc.

Glen Holly Entertainment Inc. (“Digital Images”) brought this private antitrust action, with supplemental state law claims, against Tektronix Inc. (“Tektronix”) and Avid Technology, Inc. (“Avid”), collectively (“defendants”). Pursuant to defendants’ Rule 12(b)(6) motion, the district court dismissed Digital Images’ antitrust and promissory estoppel claims, as well as some of its fraud and negligent misrepresentation claims. The court concluded that Digital Images lacked “anti-trust standing” in that the injury alleged did not qualify as “antitrust injury.” The district court subsequently granted summary judgment in favor of the defendants on Digital Images’ remaining fraud and negligent misrepresentation claims. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, and reverse and remand in part.

STANDARD OF REVIEW

We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). All allegations of material fact in the complaint are regarded as true and construed in the light most favorable to Digital Images. Big Bear Lodging Ass’n v. Snow…