United States Ninth Circuit

The district court's summary judgment and award of costs in these consolidated antitrust actions arising out of a promotion agreement whereby defendant Walmart transferred its online DVD-rental subscribers to defendant Netflix, and Netflix agreed to promote Walmart's DVD sales business, is affirmed as to summary judgment and affirmed in part and reversed in part as to the cost award, where: 1) the subscribers did not raise a triable issue of fact as to whether they suffered antitrust injury-in-fact on a theory that they paid supracompetitive prices for one of Netflix's subscription plans; 2) certain charges for "data upload" and "keywording" were not recoverable as costs for making copies under 28 U.S.C. section 1920(4); and 3) of the costs challenged as non-taxable under section 1920(4), only those costs attributable to optical character recognition, covering documents to TIFF, and "endorsing" activities, were recoverable on the record.

Appellate Information

• Decided 02/27/2015
• Published 02/27/2015

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel