641 F.Supp 1179 (1986)
Plaintiff, major manufacturer and marketer of major league baseball trading cards, alleged defendant, labor organization representing major league baseball players, violated antitrust laws. Plaintiff moved for partial summary judgment on the ground that defendant's actions constituted a per se violation. Defendant cross-moved for summary judgment on ground that plaintiff failed to state an antitrust violation. Plaintiff also moved for a mandatory preliminary injunction-directing defendant to license to plaintiff those rights plaintiff currently held under contracts.
- The Court denied all motions.
- Per se treatment under plaintiff's restraint on trade claim inappropriate where parties not direct competitors and agreement between defendant and players did not clearly restrict competition.
- Summary judgment also unavailable under rule of reason analysis where genuine issues of material fact existed as to relevant market, defendant's intent, and effect of defendant's acts.
- For previous reasons, both parties denied summary judgment on monopolization claims.
- Plaintiff's request for an injunction denied because plaintiff failed requirement of showing it would suffer irreparable harm.
Plaintiff's motion for partial summary judgment denied because per se treatment inappropriate where parties were not direct competitors and agreement between defendant and players did not clearly restrict competition; rule of reason analysis denied as to both parties' motion where genuine issues of material fact existed. Preliminary mandatory injunction denied where plaintiff failed requirement of showing it would suffer irreparable harm.
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