Richard Gray v. Shell Oil Company, Shell Oil Company, Cross-Appellant v. Richard Gray, Cross-Appellees

Appellants, and a number of other present and former Shell Service Station dealers in the East San Francisco Bay Area, instituted this private treble damage action under the Federal Anti-Trust Laws against appellee and cross-appellant Shell Oil Company [Shell]. The complaint alleged multiple anti-trust violations under § 1 [restraint of trade] and § 2 [monopolization] of the Sherman Act '( 15 U.S.C. §§ 1 , 2) and § 2 [price discrimination] of the Clayton Act, as amended by the Robinson-Pat-man Act ( 15 U.S.C. § 13 ). The complaint prayed for both damages and in-junctive relief. Shell responded by filing an answer in which it asserted a counterclaim for damages and injunctive relief based on § 1 of the Sherman Act ( 15 U.S.C. § 1 ). Following the filing of the complaint, all of the plaintiffs, except the four appellants, voluntarily requested and were permitted to withdraw from the case. Of the four appellants, three leased service stations from Shell and sold its gasoline and related products. The fourth, Richard Gray, was engaged by Shell under a management agreement to operate a Shell owned station.

BACKGROUND

In the area where appellants’ stations were located, Shell marketed…