Tesoro wins summary judgment dismissing two consolidated antitrust class actions
Clients Marathon Petroleum Corporation
As lead counsel of Tesoro Refining and Marketing Company, a subsidiary of Marathon Petroleum Corporation, Jones Day won summary judgment in two consolidated antitrust class actions in which gasoline stations and consumers sought a combined $72 billion in treble damages. Plaintiffs alleged that the major California refiners had conspired to create “false shortages,” thereby artificially inflating gasoline prices in California from 2015 through 2020.
After reviewing the extensive evidentiary record, the Southern District of California held that the Tesoro had not engaged in a conspiracy and had demonstrated legitimate independent business reasons for its actions. In addition, the court found that plaintiffs and their experts had failed to show that the challenged conduct had caused price increases.
Persian Gulf Inc. v. BP West Coast Products LLC, No. 15-cv-01749 (S.D. Cal.); Bartlett v. BP West Coast Products LLC, No. 18-1374 (S.D. Cal.)