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Antitrust Keyed to Areeda, 8th Ed.
State Oil Co. v. Khan
Citation:
522 U.S. 3 (1997)Facts
State Oil Company entered into an agreement with Barkat U. Khan and his corporation to lease and operate a gas station and convenience store. The agreement specified that Khan would purchase gasoline from State Oil at a price equal to State Oil’s suggested retail price minus a margin of 3.25 cents per gallon. While Khan could technically charge any price, the agreement required that if he charged more than the suggested retail price, he would have to rebate the excess to State Oil. Conversely, if Khan charged less than the suggested price, his margin would be reduced accordingly. After Khan fell behind on lease payments, State Oil initiated eviction proceedings, and a court-appointed receiver took over the station’s operations. The receiver, not bound by the pricing constraints, allegedly achieved higher profits by adjusting prices across different grades of gasoline. Khan subsequently sued State Oil, claiming that the pricing arrangement constituted illegal price fixing under Section 1 of the Sherman Act.
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