Petrol Stops Northwest, Gas-A-Tron of Arizona, and Coinoco v. United States of America, Douglas Oil Company of California, Phillips Petroleum Company

Two oil companies that had entered nolo contendere pleas in criminal-antitrust cases appeal an order in related civil litigation which permits the civil plaintiffs substantial discovery of evidence collected by the government in the criminal case.

Petrol Stops and associated plaintiff companies are suing Douglas Oil, Phillips Petroleum, and other defendant oil companies in the District of Arizona for damages for alleged antitrust violations. After the damage action was filed, the United States brought the criminal antitrust charges against the same defendants in the Central District of California. The indictment charged antitrust conduct similar to that alleged in the damage action. After the court in the criminal case accepted the nolo contendere pleas from all the defendants, the criminal cases were concluded. Thereupon Petrol Stops filed a petition in the district court in Los Angeles, seeking disclosure of testimony and materials which Douglas, Phillips, and their employees had provided the grand jury during its investigations in that district.

The United States, the only respondent to Petrol Stops’ petition, stated that it had no objection to the disclosure. Douglas and…