Davis-Watkins Company, Plaintiff-Counter and Amana Refrigeration, Inc., Counter v. Service Merchandise, Defendant-Counter

CONTIE, Circuit Judge.

Service Merchandise Company, Inc., (SMC) appeals the disposition of its antitrust counterclaims brought under section 1 of the Sherman Act, 15 U.S.C. § 1, against Amana Refrigeration, Inc., (Amana) and the Davis-Watkins Company (D-W). SMC asserts that the district court erroneously dismissed its per se theories of price stabilization, group boycott and horizontal market divisions on cross-motions for summary Judgment. 1 SMC also asserts that the jury was erroneously instructed on the application of the rule of reason under its vertical restraint claim. 2

In August 1980,…