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Antitrust
Unfair Competition
Cartwright Act

In re Reformulated Gasoline (RFG) Antitrust and Patent Litigation

Published: Nov. 29, 2008 | Result Date: Aug. 14, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 05-1671 CAS (VBK) Settlement –  $48,000,000

Facts

Plaintiff class members are consumers who purchased California Air Resources Board-compliant summertime reformulated gasoline in California from January 1995 through Aug. 11, 2005. The plaintiffs sued defendants Union Oil Co. and Unocal Corp., claiming they unlawfully manipulated the California gasoline market for summertime reformulated gas. Such misconduct allegedly resulted in higher gas prices. The lawsuit alleged common law monopoly, violation of the Cartwright Act and the Unfair Competition Act, and unjust enrichment.

Contentions

PLAINTIFFS' CONTENTIONS:
Defendant Unocal persuaded CARB, which establishes low emissions standards for reformulated gasoline, to adopt its formula for reformulated gas. Further, defendant failed to notify CARB that it planned to charge competing oil companies royalties for using its formula. As such, CARB-compliant summertime reformulated gasoline prices increased.

Damages

The plaintiffs claimed an unspecified amount in damages, despite defendants' argument that no class member sustained any actual damages as a result of defendants' acts.

Result

The parties reached a $48 million settlement.


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