R.C. Dick Geothermal Corp. v. Thermogenics, Inc.

ORDER

LYNCH, District Judge.

This order discusses defendants’ motion for summary judgment regarding plaintiff’s claims of antitrust violations only. As will be more fully discussed, plaintiff’s motion for partial summary judgment will be decided at a later time if it remains relevant. Upon review of the voluminous materials filed in this case and the argument of counsel, this Court grants defendants’ motion in part and denies the motion in part.

The Court finds that, as a mattér of law, plaintiff cannot establish a per se violation of section 1 of the Sherman Act. The issue of whether…