Andover Liquors, Inc. v. Den Rock Liquors, Inc.

This matter comes before the court on the defendants’ special motion to dismiss pursuant to G.L.c. 231, §59H.2 In the underlying action, the plaintiff seeks to recover damages from the defendants for their alleged violations of G.L.c. 93, §5 (the Massachusetts Antitrust Act), and G.L.c. 93A, §11 (the Massachusetts Consumer Protection Act). For the reasons set forth below, the defendants’ special motion to dismiss is ALLOWED.3

BACKGROUND

The pleadings and the supporting and opposing affidavits reveal the following:

In 1995, the plaintiff, Andover Liquors, Inc. (“Andover Liquors”), dba The…