East Portland Imaging Center, P.C. v. Providence Health System-Oregon

MEMORANDUM *

Plaintiffs East Portland Imaging Center, P.C. (EPIC), Body Imaging, P.C. *586 (Body Imaging), and Women’s Imaging, P.C. (Women’s Imaging) appeal the district court’s order granting summary judgment in favor of Defendants Providence Health System-Oregon, Providence Health Plan, and Providence Plan Partners (collectively Providence) on their claim that Providence attempted to monopolize the market for diagnostic imaging services in the Portland metropolitan area in violation of § 2 of the Sherman Act, 15 U.S.C. § 2 . We review de novo the district court’s grant of summary judgment, viewing all evidence in the light most favorable to the non-moving party. Cascade Health Solutions v. PeaceHealth, 515 F.3d 883, 912 (9th Cir.2008). Summary judgment is appropriate if the non-moving party fails to put forth evidence sufficient for the jury to find in its favor on an element essential to the case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

In order to demonstrate attempted monopolization under § 2 of the Sherman Act, a plaintiff must prove that (1) the defendant has engaged…