O.S.C. CORP. v. APPLE COMPUTER, INC.

Nos. 85-5684, 85-5695.

792 F.2d 1464 (1986)

O.S.C. CORPORATION, also known as Olympic Sales Company; Consumer Computers; Advanced Computer Products; Custom Computer; Computer Specialties; and Micro Business World, Inc., Plaintiffs/Counterclaim, Defendants-Appellants, v. APPLE COMPUTER, INC., Defendant/Counterclaim, Plaintiff-Appellee. ADVANCED COMPUTER PRODUCTS, Plaintiff/Counterclaim, Defendant-Appellant, v. APPLE COMPUTER, INC., Defendant/Counterclaim, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1986.


Attorney(s) appearing for the Case

Marc M. Seltzer, Corinblit, Shapero & Seltzer, Los Angeles, Cal., for plaintiffs/counterclaim, defendants-appellants.

Gary L. Reback, Fenwick, Stone, Davis & West, Palo Alto, Cal., for defendant/counterclaim, plaintiff-appellee.

Before KENNEDY, SKOPIL, and ALARCON, Circuit Judges.


SKOPIL, Circuit Judge:

These are antitrust actions brought against Apple Computer, Inc. ("Apple") by six retail dealers ("dealers") of personal computers. The dealers contend that Apple's ban on mail order sales violates section 1 of the Sherman Act, 15 U.S.C. § 1 (1982). The district court rejected the dealers' arguments that the ban was per se unlawful as a product of a price-fixing conspiracy. The court also rejected the dealers' alternative theory...

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