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Epicenter Recognition, Inc. v. Jostens, Inc.

Citation: 81 F. App'x 910Docket: No. 02-56589

Court: Court of Appeals for the Ninth Circuit; November 19, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellate court reviewed a district court's ruling that found Jostens, Inc. in violation of antitrust laws under 15 U.S.C. § 2 for monopolizing the high school graduation products market, as well as for unfair competition under California Business and Professions Code § 17200. Epicenter Recognition, Inc., the plaintiff, alleged that Jostens held monopoly power due to its approximately 80% market share and purported barriers to entry such as its reputation and Total Service Program (TSP) contracts. However, the appellate court reversed the district court's decision, establishing that despite Jostens' dominant market share, there was insufficient evidence of barriers to entry or expansion. The court noted that schools could easily terminate TSP contracts and switch vendors, indicating that Jostens lacked true market power. Consequently, the district court's findings of monopolization and unfair competition were overturned, negating the awards for damages and injunctions. The appellate court confirmed the relevant market definition but concluded that Jostens’ conduct did not threaten competition, resulting in a reversal of the previous ruling.

Legal Issues Addressed

Barriers to Entry in Antitrust Analysis

Application: The court determined that Jostens’ reputation and Total Service Program contracts did not constitute substantial barriers to entry, as they could be easily terminated by schools.

Reasoning: Although the relevant market is defined and Jostens holds a dominant share, the case fails because Epicenter did not adequately demonstrate barriers to entry or expansion.

Monopolization under 15 U.S.C. § 2

Application: The appellate court found that Jostens, Inc. did not possess monopoly power as Epicenter Recognition, Inc. failed to show significant barriers to entry, which is a requirement for monopolization claims.

Reasoning: The district court erred in determining that Jostens possessed monopoly power and therefore did not need to assess other elements of Epicenter's claims.

Relevant Market Definition

Application: The court confirmed the relevant market as high school graduation products, but despite Jostens' dominant market share, it did not equate to monopoly power.

Reasoning: The appeal confirmed the district court’s definition of the relevant market as high school graduation products.

Unfair Competition under California Business and Professions Code § 17200

Application: The district court's injunction against Jostens for unfair competition was reversed as Jostens’ actions were legal and did not pose a significant threat to competition.

Reasoning: The district court's injunction based on California’s unfair competition law was also erroneous and has been reversed.