Hanover 3201 Realty, LLC v. Village Supermarkets, Inc.

I concur with and join in Sections I, the background section, and II.A.', the antitrust standing section, of Judge Fuentes’s opinion. Thus, I agree with his conclusion in Section II.A. that plaintiff, Hanover 3201 Realty, LLC (“3201 Realty”), has antitrust standing in the full-service supermarket market but not in the full-service supermarket rental space market. I cannot agree, however, with Judge Fuentes’s opinion to the extent that I believe it expands the sham exception to Noerr-Pen-nington immunity. I decline to join in this aspect of Judge Fuentes’s opinion because: (1) 3201 Realty has…