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Antitrust Keyed to Sullivan, 8th Ed.
Rebel Oil Co. v. Atlantic Richfield Co.
Citation:
51 F.3d 1421 (1995)Facts
Rebel Oil Co. and Auto Flite Oil Co. operated 16 retail gasoline stations in Las Vegas selling only self-serve, cash-only gasoline. ARCO, a major oil refiner, supplied 53 “ARCO”-branded stations in Las Vegas. Between 1985 and 1989, ARCO allegedly implemented a predatory pricing strategy, charging prices for self-serve gasoline that were consistently 6 to 14 cents per gallon below wholesale prices and at times 10 cents or more below ARCO’s marginal cost. During this period, 37 competitors exited the Las Vegas market, and Rebel’s market share dropped from 30% to less than 10%. ARCO’s market share increased to 54% of the self-serve, cash-only market (44% of the total retail gasoline market including full-serve). After 1989, ARCO allegedly charged prices 4 to 19 cents per gallon higher in Las Vegas than in Los Angeles (adjusted for transportation costs), suggesting recoupment of predatory losses. Rebel claimed $2 million in losses and was forced to concentrate on wholesale rather than retail operations.
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