Assam Drug Co., Inc., Downtown, Inc., D/B/A Shoppers City Liquor of Mitchell, S.D. v. Miller Brewing Co., Inc.

WOLLMAN, Circuit Judge.

Assam Drug Co., Inc., and Downtown, Inc., appeal the district court’s 1 grant of summary judgment in their action against Miller Brewing Company, Inc., seeking damages and injunctive relief for alleged violations of South Dakota antitrust law. Assam and Downtown claimed that Miller restrained trade by its use of a distributor agreement defining exclusive territories where distributors may market Miller products. The district court, in granting Miller’s motion for summary judgment, found that Miller had no power in the relevant market. The issue in this appeal is whether…