Paramount Media Grp., Inc. v. Vill. of Bellwood

929 F.3d 914 (2019) United States Court of Appeals for the Seventh Circuit 2019-07-16

civil; billboard company sued village and competitor under ยงยง 1 and 2 (and the Constitution) over a municipal ban on new billboard permits and the lease of village-owned property to the competitor; district court entered summary judgment for defendants; CA7 affirmed (result: claimant-lost)

Facts

  1. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not no-evidence
    The Village accepted an offer from Image Media Advertising, Inc., one of Paramount's competitors.
  2. 1 Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers not no-evidence
    Paramount doesn't offer proof of either anticompetitive effects or a conspiracy to restrain trade between Image Media and the Village.
  3. 9 Parker v. Brown state-action immunity (Midcal two-prong test: clearly articulated state policy + active state supervision) satisfied law
    In 2009 the Village passed Ordinance 9-4, which mandated that "no new off-site advertising sign permit will be issued by the village."
  4. 9 Parker v. Brown state-action immunity (Midcal two-prong test: clearly articulated state policy + active state supervision) satisfied law
    As luck would have it, the Village owned property at 1156 Bellwood Avenue, across the street from the Sodhi property.
  5. 9 Parker v. Brown state-action immunity (Midcal two-prong test: clearly articulated state policy + active state supervision) satisfied law
    In October 2012 the Village accepted Image Media's offer without responding to Paramount.
  6. 9 Parker v. Brown state-action immunity (Midcal two-prong test: clearly articulated state policy + active state supervision) satisfied law
    Municipalities receive immunity from federal antitrust laws if they "demonstrate that their anticompetitive activities were authorized by the State pursuant to state policy to displace competition with regulation or monopoly public service."
  7. 9 Parker v. Brown state-action immunity (Midcal two-prong test: clearly articulated state policy + active state supervision) satisfied law
    Illinois has thus immunized the Village from Paramount's antitrust claims.