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UNITED STATES v. MERCEDES-BENZ OF NORTH AMERICA

No. C-79-2144-MHP.

517 F.Supp. 1369 (1981)

UNITED STATES of America, Plaintiff, v. MERCEDES-BENZ OF NORTH AMERICA, INC., Defendant.

United States District Court, N. D. California.

May 29, 1981.

Attorney(s) appearing for the Case

Anthony E. Desmond, Antitrust Div., Dept. of Justice, San Francisco, Cal., for plaintiff.

Malcolm T. Dungan, George A. Cumming, Jr., Brobeck, Phleger & Harrison, James E. Ratcliff, Thatcher, Jones, Casey & Ratcliff, San Francisco, Cal., for defendant.

OPINION AND ORDER

PATEL, District Judge.

This action is before the court on cross-motions for summary judgment. The parties have generated a lengthy record consisting primarily of documentary and deposition evidence. The government brings suit for an alleged violation of § 1 of the Sherman Act under a theory of a per se tying violation based on the Dealer Agreement between Mercedes-Benz of North America, Inc. [MBNA] and each Mercedes-Benz franchised...

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