BLOCH, District J.
Presently before this Court are cross-motions for summary judgment filed by plaintiff and defendant pursuant to Fed. R. Civ. P. 56. For the reasons set forth in this opinion, this Court will grant defendant's motion and will deny plaintiff's motion.
I. Factual background
Defendant, Port Authority of Allegheny County, is a governmental agency that regulates the transportation of passengers for hire in Allegheny County, Pennsylvania. Plaintiff, a Pennsylvania corporation engaged in the business of providing airport transfer services, is regulated by defendant. Since the early 1980's, defendant has granted plaintiff the authority to provide transportation services between various locations in suburban Allegheny County and the Greater Pittsburgh International Airport (Airport).
In 1988, defendant allegedly granted another carrier, Airlines Transportation Company (Airlines), the exclusive right to provide scheduled airport transfer services between hotels in and around Pittsburgh, Pennsylvania, and the Airport. Defendant claims to have entered into the ten-year exclusive agreement in order to settle a legal dispute with Airlines.
Plaintiff asserts that, like Airlines, plaintiff had been the only carrier with authority to provide airport transfer services between certain locations and the Airport. On October 22, 1993, however, defendant adopted a resolution that broadened the number of carriers that could provide airport transportation services in "plaintiff's territory" but did not affect Airlines' exclusive right to provide transportation services.
Plaintiff filed the instant action against defendant as a result of defendant's October resolution. Plaintiff's complaint asserts defendant's refusal to permit plaintiff and other carriers to operate in Airlines' territory constitutes a violation of Article I, Section 8 of the United States Constitution (the Commerce Clause), 15 U.S.C. § 1 (the Sherman Anti-Trust Act), and the Fourteenth Amendment of the United States Constitution.
II. Defendant's motion for summary judgment
Defendant has filed a motion for summary judgment with respect to all of plaintiff's claims. Defendant asserts numerous legal arguments in support of its motion, and the arguments that have influenced this Court's decision to grant summary judgment in favor of defendant will be discussed below.
A. Legal standard
This Court may grant summary judgment only when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The burden is on the moving party to demonstrate that the evidence creates no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Chipollini v. Spencer Gifts, Inc., 814 F.2d 893, 896 (3d Cir.) (en banc), cert. dismissed, 483 U.S. 1052 (1987). Further, when considering a motion for summary judgment, this Court must examine the facts in a light most favorable to the party opposing the motion. International Raw Materials, Ltd. v. Stauffer Chemical Co., 898 F.2d 946, 949 (3d Cir. 1990).
B. Plaintiff's Commerce Clause claim
Defendant asserts that it is entitled to summary judgment on plaintiff's Commerce Clause claim because defendant's resolution does not discriminate against interstate commerce in favor of intrastate commerce. (Defendant's brief in support of motion for summary judgment, at 9). Plaintiff contends, however, that defendant's resolution protecting Airlines' exclusive right to provide airport transportation services "constitutes a discriminatory burden [upon interstate commerce] on its face." (Plaintiff's reply memorandum in support of summary judgment, at 5). Plaintiff argues that defendant intentionally favored Airlines and "in doing so purposely discriminated against plaintiff and all other companies providing service to the airport in interstate commerce." (Id. at 7).
1. The Commerce Clause
The Commerce Clause to the United States Constitution
grants Congress the power to regulate commerce among the several states. "The primary purpose behind the Commerce Clause is to ensure that 'our economic unit is the Nation' rather than individual states." Norfolk Southern Corp. v. Oberly, 822 F.2d 388, 399 (3d Cir. 1987) (citation omitted). Thus, although the Commerce Clause speaks in terms of powers bestowed upon Congress, the Supreme Court has long recognized that the Commerce Clause limits the powers of states and local governments to impose unreasonable burdens upon interstate trade. Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456, 471, 66 L. Ed. 2d 659, 101 S. Ct. 715 (1981); see also Norfolk Southern Corp., 822 F.2d at 392; Executive Town and Country Services, Inc. v. City of Atlanta, 789 F.2d 1523, 1525-26 (11th Cir. 1986).
A fundamental prerequisite to finding that a state regulation unduly burdens interstate commerce is that the regulation discriminates against interstate commerce in favor of intrastate commerce. The Third Circuit has stated:
The "incidental burden on interstate commerce" appropriately considered in Commerce Clause balancing is the degree to which the state action incidentally discriminates against interstate commerce relative to intrastate commerce. It is a comparative measure. There conceivably is language suggesting that any increased costs imposed on out-of-state interests, in an absolute sense, are relevant burdens regardless of whether the same costs are imposed on in-state interests. However, we find that the holdings of the Supreme Court case law, consistent with the anti-protectionism purpose of the Commerce Clause, apply the much narrower comparative burden concept. As earlier noted, virtually all state regulation involves increased costs for those doing business with the state, including out-of-state interests doing business in the state as well as in-state interests. In this absolute sense, virtually all state regulation "burdens" interstate commerce. Where the "burden" on out-of-state interests is no different from that placed on competing in-state interests, however, it is the burden on commerce rather than a burden on interstate commerce. . . .