A US Court of Appeals affirms the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged cumulative anticompetitive effects (Gilley Enterprises / Atlantic Richfield)

Spirit of Twombly Exorcises Specter of Revived Aguilar Claims* The Ninth Circuit recently affirmed the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged "cumulative anticompetitive effects." Gilley Enterprises v. Atlantic Richfield Company, No. 06-056059 (9th Cir. Dec. 2, 2009)." Plaintiff Gilley filed a class action in 1998 on behalf of himself and a class of wholesale purchases of CARB gasoline in California. CARB gasoline is a cleaner-burning fuel, and if the only formulation of that may be sold in California. The complaint alleged that the defendant major oil producers violated Section 1 of the Sherman Act by entering into a conspiracy to limit the supply of CARB gasoline and to raise CARB gasoline prices. The allegations were

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  • Sheppard Mullin (Los Angeles)

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Jr. Don T. Hibner, A US Court of Appeals affirms the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged cumulative anticompetitive effects (Gilley Enterprises / Atlantic Richfield), 2 December 2009, e-Competitions Bulletin US Private Enforcement, Art. N° 67022

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