State of CALIFORNIA, ex rel. Edmund G. BROWN, Jr., Plaintiff-Appellant,
v.
SAFEWAY, INC., a Safeway Company doing business as Vons; Albertson's, Inc.; Ralphs Grocery Company, a division of the Kroger Company; Food 4 Less Food Company, a division of the Kroger Company; Vons Companies Inc., an indirect, wholly owned subsidiary of Safeway, Inc, Defendants-Appellees,
State of California, ex rel. Edmund G. Brown, Jr., Plaintiff-Appellee,
v.
Safeway, Inc., a Safeway Company doing business as Vons; Albertsons, Inc.; Ralphs Grocery Company, a division of the Kroger Company; Food 4 Less Food Company, a division of the Kroger Company; Vons Companies Inc., an indirect, wholly owned subsidiary of Safeway, Inc., Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 8, 2009.
Filed August 17, 2010.
Attorney(s) appearing for the Case
Edmund G. Brown Jr., Attorney General for the State of California; Kathleen E. Foote, Senior Assistant Attorney General; Barbara M. Motz, Supervising Deputy Attorney General; Cheryl L. Johnson, Deputy Attorney General, and Jonathan M. Eisenberg, Deputy Attorney General, Los Angeles, CA, for the plaintiff-appellants/cross-appellees.
Alan B. Clark, Peter K. Huston, Los Angeles, CA, and Jeremy P. Sherman, Chicago, IL, for respondent-appellees/cross-appellants Safeway Inc. and the Vons Companies, Inc.
Jeffrey A. LeVee, Craig E. Stewart, and Kate Wallace, Los Angeles, CA, for respondent-appellee/cross-appellant Albertson's, Inc.
Robert B. Pringle, San Francisco, CA, for respondent-appellees/cross-appellants Ralphs Grocery Company and Food 4 Less Food Company.
Robin S. Conrad, Shane B. Kawka, Washington, D.C., for amicus curiae Chamber of Commerce of the United States.
Charles I. Cohen, Jonathan C. Fritts and David R. Broderdorf, Washington, D.C., for amici curiae Chamber of Commerce of the United States and Council on Labor Law Equality.
Jeffrey A. Berman, Los Angeles, CA, for amicus curiae Employers Group.
Robert M. McKenna, Attorney General of Washington; and Mark O. Brevard, Assistant Attorney General, Seattle, WA; and Nancy H. Rogers, Attorney General of Ohio; and Jennifer L. Pratt, Chief, Antitrust Section, Columbus, OH, for amici curiae Arizona, Connecticut, Delaware, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nevada, Ohio, Oklahoma, Oregon, Tennessee, Washington and West Virginia.
Nicholas W. Clark, Washington, D.C., for amicus curiae United Food and Commercial Workers International Union.
Michael D. Four, Los Angeles, CA, for amici curiae UFCW Local Unions 135, 324, 770, 1036, 1167, 1428 and 1442.
Andrew D. Roth, Washington, D.C., for amici curiae United Food and Commercial Workers International Union, UFCW Local Unions 135, 324, 770, 1036, 1167, 1428 and 1442, Change to Win and AFL-CIO.
Patrick J. Szymanski, Washington, D.C., for amicus curiae Change to Win.
Jonathan P. Hiatt, Washington, D.C., for amicus curiae AFL-CIO.
Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge WARDLAW.
United States Court of Appeals, Ninth Circuit.
OPINION
REINHARDT, Circuit Judge:
Our antitrust regime is the embodiment of Congress's judgment that, with rare and specific exceptions, free competition for customers between firms protects and benefits the public by increasing efficiency and output, lowering prices, and improving the quality of the products and services available.1 Our labor laws exist to reduce strife between workers and employers and to ensure that workers...
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