Richard S. Simpson v. Union Oil Company of California

This private antitrust case for damages was decided on motion for summary judgment in favor of appellee, Union Oil Company of California, hereinafter called Union, and against appellant, hereinafter called Simpson. Generally, it raises the issues of (1) interstate commerce, (2) violation of the antitrust laws and liability of Union, and (3) actionable damage suffered by the plaintiff.

We assume for the purpose of this decision, but expressly refrain from deciding, that there were triable issues of price fixing, 2exclusive dealing, the effect of the McGuire Act, the effect of a prior consent decree of June 1959, whether the consignment program was a device or facade, and inter-state commerce. We refrain from deciding these questions as a matter of law or fact because it appears clearly on the record that Simpson suffered no actionable damage.

The Undisputed Facts

The following statement of facts which are apparently not in dispute, are taken largely from the statement of the case in the brief of Union.

Union is a producer, refiner and marketer of gasoline. It owns a long term lease on a parcel of land in Fresno, California, improved with a gasoline service station. On May 23,…