CamSoft Data Systems, Inc. VS Southern Electronics Supply, Inc. and Active Solutions, LLC

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2019 CA 0740 2018 CW 1536 w1. CAMSOFT DATA SYSTEMS, INC. VERSUS SOUTHERN ELECTRONICS SUPPLY, INC. AND ACTIVE SOLUTIONS, LLC Judgment Rendered: AL 0 2 2019 Appealed from the Nineteenth Judicial District Court Parish of East Baton Rouge State of Louisiana Case No. 582, 741 The Honorable Janice Clark, Judge Presiding Karli Glascock Johnson Counsel for Defendants/ Appellants Vance A. Gibbs Dell, Inc. & Dell Marketing, L.P. Tara M. Madison Baton Rouge, Louisiana and James C. Grant Christopher A. Riley Elizabeth Helmer Michael P. Kenny Atlanta, Georgia Jason L. Melancon Counsel for Plaintiff/Appellee Robert C. Rimes CamSoft Data Systems, Inc. R. Lee Daquanno, Jr. Frank Tomeny, III Baton Rouge, Louisiana and Marx D. Sterbcow New Orleans, Louisiana and Mark D. Plaisance Marcus J. Plaisance Prairieville, Louisiana Michael T. Beckers Counsel for Defendants/ Appellees Brent P. Frederick MMR Constructors, Inc., Danielle N. Goren Inc. & MMR Offshore Services, Inc. MMR Group, Tiffany T. Kopfinger Baton Rouge, Louisiana Gus A. Fritchie, III Counsel for Defendant/Appellee New Orleans, Louisiana Continental Casualty Company Christine Lipsey Counsel for Defendant/Appellee Amanda Stout Ciber, Inc. Baton Rouge, Louisiana and Mark J. Chaney New Orleans, Louisiana and Christopher H. Toll Pro Hac Vice Greenwood Village, Colorado BEFORE: CRAIN, THERIOT, and HOLDRIDGE, JJ. 2 THERIOT, J. In this appeal, Dell, collectively as " Dell") Inc. and Dell Marketing, L.P. ( sometimes referred to seek review of the trial court' s judgment denying their Motion for Partial Summary Judgment on Anti -Trust Claim. For the following reasons, Dell' s appeal is dismissed as moot. We deny the companion writ application, as well as CamSoft Data System, Inc' s (" CamSoft") motion to dismiss the writ, referred to this panel, as moot. FACTS AND PROCEDURAL HISTORY The facts and procedural history are laid out in more detail in this court' s opinion in CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc., 2019- 0730 ( La. App. 1 st Cir. 712119) ( unpublished), which is also being issued this date. Relevant hereto, CamSoft filed a Master Petition for Declaratory Judgment, Supplemental Relief, Damages, and Attorney' s Fees, alleging that Dell, along with other defendants, engaged in a " conspiracy to violate Louisiana' s Antitrust Act, La. R.S. 51: 122, et seq." by: 1) knowingly [ using] illegal, no -bid government contracts to effectuate millions of dollars in replica Crime Camera System sales to various state and local agencies within the State of Louisiana and 2) furthermore knowingly [ monetary public bid purchase thresholds by artificially dividing the total amount of circumventing] government purchases. In response, Dell filed a motion for partial summary judgment to dismiss CamSoft' s antitrust claims. After a hearing, the trial court signed a judgment on April 2, 2019,. denying Dell' s Motion for Partial Summary Judgment on Anti -Trust Claim. From this judgment, Dell appeals pursuant to La. R.S. 51: 135.' As set forth in La. R. S_ 51: 135, all interlocutory judgments in cases involving antitrust claims shall be appealable within five days and shall be heard and determined within twenty days after the appeal is lodged. 3 DISCUSSION In CamSoft Data Systems, Inc. 2019- 0730 ( La. App. I st Cir. 7/ 2/ 19) ( v. Southern Electronics Supply, unpublished), Inc., also being issued this date, this court dismissed CamSoft' s antitrust claims against Dell as prescribed. In light of this decision, Dell' s appeal, which seeks to reverse the trial court' s denial of its Motion for Partial Summary Judgment on Anti -Trust Claim, is dismissed as moot. We deny the companion writ application, as well as CamSoft Data System, Inc.' s motion to dismiss, referred to this panel, as moot. Costs of this appeal are to be assessed against appellee, CamSoft Data Systems, Inc. APPEAL DISMISSED DISMISS DENIED AS MOOT. AS MOOT; WRIT AND MOTION TO CAMSOFT DATA SYSTEMS, INC. STATE OF LOUISIANA COURT OF APPEAL VERSUS FIRST CIRCUIT SOUTHERN ELECTRONICS NOS. 2019 CA 0740 SUPPLY, INC. AND ACTIVE 2018 CW 1536 SOLUTIONS, LLC HOLDRIDGE, J., concurring in the result. i I concur in the result. I find that Camsoft failed toproduce sufficient factual support to establish the existence of a genuine issue of material fact that Dell engaged in a conspiracy to violate Louisiana' s Antitrust Act, La. R.S. 51: 122, et seq. The Antitrust Laws were not enacted for the protection of competitors but were instead enacted to protect competition. See e. g. Clary v. State Farm Mutual Automobile Insurance Co., 2015- 198 ( La. App. 3rd Cir. 4118118) 246 So. 3d 8. Importantly, the United States Supreme Court has made it clear that even an act of pure malice by one business competitor against another does not, without more, state an antitrust claim; the antitrust laws do not create a federal law of unfair competition or purport to afford remedies for all torts committed by or against persons engaged in commerce. Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 225, 113 S. Ct. 2578, 2589, 125 L.Ed.2d 168 ( internal citations omitted). 1993)

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