S&C Obtains Complete Dismissal of Antitrust Class Actions Against BP

January 25, 2023

BP West Coast Products obtained the dismissal of two coordinated antitrust class actions seeking billions of dollars in damages based on alleged price fixing in the California gasoline market. Following the district court's dismissal of the actions in September 2022, the Plaintiffs appealed the decision to the U.S. Court of Appeals for the Ninth Circuit.  On January 11, the Ninth Circuit dismissed the appeal with prejudice after Defendants secured plaintiffs' agreement to dismiss their appeal in return for a waiver of costs.
The cases, brought on behalf of putative classes of wholesale and retail purchasers of gasoline in California, alleged claims under the Sherman Act and California's Cartwright Act and Unfair Competition Law. The lower court found that plaintiffs had failed to establish causation and that the evidentiary record failed to support an inference of conspiracy.
The S&C team representing BP includes Bob Sacks, Diane McGimsey and Bobby Smith.