Summary Judgment Dooms Attempted Monopolization Claim In Small Container Trash Hauling Market

In All Star Carts and Vehicles, Inc., et al. v. BFI Canada Income Fund, et al., Case No. 2:08-cv-01816-LDW-AKT, August 1, 2012, the District Court for Eastern District of New York recently granted defendants' motion for summary judgment on the grounds that the plaintiffs failed to establish the element of "dangerous probability" for an antitrust claim for attempted monopolization under Section 2 of the Sherman Act.  Plaintiffs are members of a certified class consisting of "all persons and entities that have contracted with, and purchased small containerized waste disposal services in the relevant market directly from defendants."  The relevant time period is from May 5, 2000 forward.  The relevant business market described in the complaint is the market for "small containerized waste hauling and disposal services".  The relevant geographic market is alleged to consist of Long Island, New York.