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MARTINO v. McDONALD'S SYSTEM, INC.

Nos. 75 C 3455, 77 C 98.

625 F.Supp. 356 (1985)

Louis MARTINO, et al., Plaintiffs, v. McDONALD'S SYSTEM, INC., et al., Defendants. Michael MARTINO, et al., Plaintiffs, v. McDONALD'S CORPORATION, a Delaware corporation, Defendant.

United States District Court, N.D. Illinois, E.D.

December 6, 1985.

Attorney(s) appearing for the Case

George F. Galland, Jr., Judson H. Miner, Charles Barnhill, Jr., Davis, Miner & Barnhill, Chicago, Ill., for plaintiffs.

Louis C. Keller, Jr., Gary Senner, Earl Pollock, Sonnenschein, Carlin, Nath & Rosenthal, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

MORAN, District Judge.

These cases were originally filed to challenge, as a per se illegal tie-in contrary to Section 1 of the Sherman Act, 15 U.S.C. § 1, McDonald's contractual requirement that franchisees must buy and use Coca-Cola as its only sugar-sweetened cola beverage. The standard franchise agreement restricts franchisee purchases to "approved menu items" and only Coca-Cola has been designated as an approved sugar...

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