which relief may be granted under the antitrust laws. 20th-Century Fox has also filed a motion for summary judgment. The reasons given why the complaint allegedly fails to meet the test are (1) the motive of 20th-Century Fox in requiring competitive bidding on the part of the exhibitors, and defendants' conduct with respect to the bidding for one particular picture in a single locality do not violate the antitrust laws, and (2) the complaint fails to aver an injury to the public.
As for the first reason, defendants are apparently under the impression that the mere requirement of competitive bidding for a product prevents conduct and dealings involving that bidding from coming in conflict with the antitrust laws. That is not the law. See United States v. Paramount Pictures, Inc., 1948, 334 U.S. 131, 68 S. Ct. 915, 92 L. Ed. 1260; Maple Drive-In Theatre Corp. v. Radio-Keith-Orpheum Corp., D.C., 153 F.Supp. 240. We do not read the complaint as involving just one motion picture. The averment concerning the picture 'The King and I' is similar to an allegation of an overt act under an indictment for conspiracy. By making such an averment, the plaintiff is not precluded from showing additional incidents. That the conspiracy was of a local nature will not for that reason put it beyond the reach of the antitrust laws. United States v. Crescent Amusement Co., 1944, 323 U.S. 173, 183-184, 65 S. Ct. 254, 89 L. Ed. 160; William Goldman Theatres v. Loew's Inc., 3 Cir., 1948, 150 F.2d 738, 744; White Bear Theatre Corp. v. State Theatre Corp., 8 Cir., 1942, 129 F.2d 600, 605.
In answer to defendants' second reason, it is our opinion that the complaint sets forth facts from which it can be inferred that the public interest was injured by defendants' conduct. The public is interested in the preservation of free competition. And when competition is restrained by means declared unlawful by the antitrust laws, the interest of the public is harmed. Apex Hosiery Co. v. Leader, 1940, 310 U.S. 469, 491-493, 60 S. Ct. 982, 84 L. Ed. 1311; William Goldman Theatres v. Loew's, Inc., supra, 150 F.2d 743. It is not necessary that the complaint aver that the public has been injured as the result of defendant's conduct. 'While detail is not necessary, it is essential that the complaint allege facts from which it can be determined as a matter of law that by reason of intent, tendency, or the inherent nature of the contemplated acts the conspiracy was reasonably calculated to prejudice the public interest by unduly restricting the free flow of interstate commerce.' Feddersen Motors v. Ward, 10 Cir., 1950, 180 F.2d 519, 522. Also see Southern Rendering Co. v. Standard Rendering Co., D.C.E.D.Ark. 1953, 112 F.Supp. 103, 109.
Finally, 20th-Century Fox argues in support of its motion for summary judgment that its deposition of William Goldman, president of plaintiff, fails to set forth a cause of action against it. By this argument we take it that this defendant means to say that plaintiff will not be able to substantiate the claim made in the complaint. From our reading of the deposition it seems apparent to us that William Goldman, through lack of personal knowledge, will be unable to supply all the facts necessary to prove plaintiff's case. He admitted that he obtained knowledge of some of the facts in conversations with other persons. The testimony of those other persons may be sufficient to supply the pertinent facts. There is no burden on plaintiff to establish his case in a pre-trial deposition. 'So long as the deposition did not constitute a demonstration of the invalidity of the plaintiff's claim, its mere inadequacy to establish that claim has no persuasiveness.' Southern Rendering Co. v. Standard Rendering Co., supra, 112 F.Supp. 109. Although a jury may not draw the same inferences as William Goldman does from certain facts, up to this point he has not 'talked' the plaintiff out of a lawsuit.
Accordingly, the motions to dismiss the complaint and the motion for summary judgment will be denied.