In Re Coordinated Pretrial Proceedings in Western Liquid Asphalt Cases. State of Alaska v. Standard Oil Company of California

This interlocutory appeal was allowed under 28 U.S.C. § 1292 (b), from an order of the district court granting partial summary judgment to defendants-appel-lees. In re Coordinated Pretrial Proceedings in Western Liquid Asphalt Cases (N.D.Cal.1972), 350 F.Supp. 1369 .

Appellants brought these actions for damages and injunctive relief under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and Sections 4- and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26. Appellants allege that appellees, suppliers of asphalt, illegally raised and stabilized the price of liquid asphalt, which is used in the construction of public roads, through a conspiracy to fix prices, to submit rigged and collusive bids, to allocate and stabilize the relevant market, and otherwise to eliminate competition. For purposes of summary judgment, these allegations must be assumed to be true.

The district court held in substance that appellants, who indirectly purchased an assumedly price-fixed product through contractors, and who are assumed to be able to show that at least part of the illegal overcharge was passed on to them, are precluded as a matter of law from recovering such damages as they…