United States Second Circuit
Port Dock & Stone Corp. v. Oldcastle NE, Inc., 06-4908
In antitrust suit alleging monopolization of the market for manufacturing crushed stone, dismissal of complaint for failure to state a claim is affirmed over plaintiff's claims that: 1) it had antitrust standing as it was both a customer and competitor in the relevant geographic market for aggregate; and 2) defendant's acquisition of the only alternative supplier at the production level rendered plaintiff utterly dependent on defendant, which then cut off plaintiff's supply of aggregate.
Appellate Information
- Decided 10/23/2007
- Published 10/23/2007
Judges
- JOHN R. GIBSON, Circuit Judge., Before: LEVAL, CALABRESI, and JOHN R. GIBSON, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- William G. Kopit, John R. Sachs, Jr., Epstein Becker & Green, P.C., New York, NY, for Plaintiffs-Appellants.
- For Appellees:
- John R. Fornaciari, Esq., Sheppard, Mullin, Richter & Hampton, LLP, Washington, D.C., for Defendants-Appellees.