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CARIBE BMW, INC. v. BAYERISCHE MOTOREN WERKE

No. 93-1653.

19 F.3d 745 (1994)

CARIBE BMW, INC., Plaintiff, Appellant, v. BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 25, 1994.

Attorney(s) appearing for the Case

Anne M. Rodgers with whom William R. Pakalka, Fulbright & Jaworski, L.L.P., Houston, TX, Enrique J. Mendoza Mendez, Law Offices of Enrique J. Mendoza Mendez, Santurce, PR, Randall A. Hopkins, Randall A. Hopkins, P.C., Dahr Jamail, Jamail & Kolius, Thomas R. McDade, and McDade & Fogler, L.L.P., Houston, TX, were on brief and reply brief, for plaintiff, appellant.

Irving Scher, New York City, and Manuel A. Guzman, Hato Rey, PR, with whom Bruce A. Colbath, Weil, Gotshal & Manges, New York City, and McConnell Valdes, Hato Rey, PR, were on brief, for defendants, appellees.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BREYER, Chief Judge.

This appeal raises two issues of antitrust law. First, do a firm's wholly owned subsidiary and the firm itself amount to a "single seller" under the Robinson-Patman Act? 15 U.S.C. § 13. Second, can a retailer's lost profit, brought about by a maximum resale price fixing agreement between that retailer and its supplier, amount to an "antitrust injury," thereby giving that retailer "standing" to obtain treble damages? Atlantic Richfield...

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