Klor's Inc. v. Broadway-Hale Stores, Inc.

After Broadway-Hale Stores, Inc. (Broadway-Hale) (defendant) opened a department store next to household-appliance retailer Klor's Inc. (Klor's) (plaintiff), the two competed directly, and Klor's alleged Broadway-Hale used its market position to conspire with major appliance manufacturers and distributors to either refuse selling to Klor's or sell to it only at unreasonable prices, significantly hampering its ability to compete. At trial, Broadway-Hale did not dispute the boycott allegations but presented evidence that hundreds of other retailers still carried the affected products, arguing the public suffered no harm; the district court agreed there was no cognizable public harm and granted summary judgment for Broadway-Hale, which the court of appeals affirmed, and Klor's appealed further.