Aviation Upgrade Technologies, Inc. v. Boeing Co.

MEMORANDUM *

Aviation Upgrade Technologies (AUT) appeals the grant of summary judgment against it on its antitrust action against CFM International, Rolls-Royce PLC, and the Boeing Company. We affirm.

The district court concluded that AUT lacked antitrust standing. We agree. Because antitrust remedies are limited to those who are injured in their business or property, 1 it was incumbent upon AUT to show that it, a nascent firm, had taken substantial demonstrable steps to enter the re-engining of commercial aircraft industry in question here. See Solinger v. A & M Records, Inc., 586 F.2d 1304, 1309 (9th Cir.1978). That meant that AUT had to show more than its intent to enter; it had to “ ‘demonstrate [its] preparedness to do so’ ” Go-Video, Inc. v. Matsushita Elec. Indus. Co., Ltd. (In re Dual-Deck Video Cassette Recorder Antitrust Litig.), 11 F.3d 1460, 1466 (9th Cir.1993) (citation omitted); see also Bourns, Inc., v. Raychem Corp., 331 F.3d 704, 711 (9th Cir.2003). That AUT failed to do.

Like the district court, we have applied the usual four considerations to this record. See Dual-Deck, 11 F.3d at 1465 ; Parks v. Watson, 716 F.2d 646, 660 (9th Cir.1983); Solinger, 586 F.2d at…