Sterling Merch., Inc. v. Nestle SA, No. 10-1925 (1st Cir. 2011)Annotate this Case
Plaintiff alleged antitrust violations of the Clayton Act, 15 U.S.C. 12-27, and Sherman Act, 15 U.S.C. 1-7, and violations of Puerto Rico law based on defendants' merger and later activities. Plaintiff has been a competitor with defendant in the ice cream distribution market. The district court granted summary judgment to defendants.The First Circuit affirmed. Plaintiff was not negatively affected by purported violations, there is no evidence of increased consumer prices or reduced output. The challenged conduct has been in place for at least two years and the remaining market remains robustly competitive as evidenced by ongoing entry, profitability of rivals, and stability of their aggregate market share.