Aviation Upgrade Technologies, Inc. v. Boeing Co.
Aviation Upgrade Technologies, Inc. v. Boeing Co.
Opinion of the Court
MEMORANDUM
Aviation Upgrade Technologies (AUT) appeals the grant of summary judgment against it on its antitrust action against CFM International, Rolls-Royce PLC, and the Boeing Company. We affirm.
The district court concluded that AUT lacked antitrust standing. We agree. Because antitrust remedies are limited to those who are injured in their business or property,
Like the district court, we have applied the usual four considerations to this record. See Dual-Deck, 11 F.3d at 1465; Parks v. Watson, 716 F.2d 646, 660 (9th Cir. 1983); Solinger, 586 F.2d at 1309-10. AUT does not meet any of them. Neither AUT nor its sole employee, Torbjorn Lundquist, has any experience whatsoever in the aviation industry, much less the reengining business segment of that industry. AUT never leased a facility; purchased re-engining or any other mechanical equipment; purchased insurance; hired employees other than its promoter, Lundquist; bought, sold or leased an aircraft; modified an aircraft; applied for an
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. 15U.S.C. §15.
. AUT attempted to present hearsay statements about possible financing, which were properly rejected. See Kim v. United States, 121 F.3d 1269, 1276-1277 (9th Cir. 1997).
. Nor does AUT point to any other factors significant enough to influence the outcome.
. Because we affirm the district court on this basis, we need not, and do not, consider whether it correctly determined that there were triable issues of fact regarding an antitrust conspiracy or monopolization practices. See 15 U.S.C. §§ 1, 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.