O.E.M. Glass Network Inc. v. Mygrant Glass Co. Inc.

MEMORANDUM & ORDER   Plaintiffs O.E.M. Glass Network, Inc. and Brooklyn Wholesale Glass Inc. (collectively, “OEMGN” or “Plaintiffs”) bring antitrust claims against Defendants Mygrant Glass Company, Inc. (“Mygrant”); Interstate Glass of Amityville NY, LLC and Metro Glass Distributing, Inc. (collectively, “Interstate”); Xinyi Auto Glass North America Corp. (“Xinyi”); Vitro, S.A.B. de C.V., Vitro Automotive Glass LLC, and Vitro Automotriz, S.A. de C.V. (“Vitro Automotriz,” and, collectively with Vitro S.A.B. de C.V. and Vitro Automotive Glass LLC, “Vitro”); Fuyao Glass America Inc. (“Fuyao”); Auto Temp Inc. (“ATI”); and Sika Corporation (“Sika”). (Am. Compl. (Dkt. 99).) Plaintiffs allege that Defendants entered into an illegal conspiracy to eliminate OEMGN, a wholesaler of aftermarket auto glass, by orchestrating a group boycott among OEMGN’s competitors and suppliers. (Id. 1.) Plaintiffs allege that this conduct amounts to a per se illegal group boycott (id.), and that Defendants’ conduct violates the Sherman Act and New York’s Donnelly Act and constitutes tortious interference with OEMGN’s prospective business relations (id. 6). Currently pending before the court is Defendants’ motion to dismiss Plaintiffs’ Amended Complaint. (See Defs. Mot. to Dismiss (“Mot.”) (Dkt. 88); see also Aug. 21, 2019 Stip. & Order (Dkt. 102) (applying Defendants’ fully briefed motion to Plaintiffs’ Amended Complaint).) For the following reasons, Defendants’ motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND A. Facts The court takes the following statement of facts from Plaintiffs’ Amended Complaint, the well-pleaded allegations of which the court generally accepts as true. See N.Y. Pet Welfare Ass’n v. City of New York, 850 F.3d 79, 86 (2d Cir. 2017). 1.  The Parties OEMGN is an aftermarket auto glass¹ wholesaler. (Am. Compl. 2.) It purchases aftermarket auto glass products from manufacturers and resells those products to consumers in the New York Metropolitan Area. (Id.) Defendants Mygrant and Interstate (collectively, the “Wholesaler Defendants”) are also aftermarket auto glass wholesalers that operate in the New York Metropolitan area. (Id.

22-23.) Mygrant is the largest independent aftermarket auto glass wholesaler in the United States; it owns and operates approximately 70 warehouses nationwide. (Id. 22.) According to Plaintiffs, Mygrant is “one of the only national wholesalers of aftermarket auto glass products” with sales totaling hundreds of millions of dollars per year. (Id.