Faulkner Advertising Associates, Inc. v. Nissan Motor Corporation in U.S.A.

ERVIN, Chief Judge:

Faulkner Advertising Associates, Inc. (“Faulkner”) brought this action against Nissan Motor Corporation in U.S.A. (“Nissan”), alleging that Nissan was engaged in an illegal “tying” arrangement in violation of the Sherman Antitrust Act, 15 U.S.C. §§ 1 et seq. The district court granted Nissan’s motion to dismiss this case under Federal Rule of Civil Procedure 12(b)(6) because of Faulkner’s failure to state a *771claim upon which relief could be granted. In particular, the district court held that Faulkner had failed to allege in its complaint all of the essential elements of a…