Rebel Oil Co. v. Atlantic Richfield Co.

Rebel Oil Company appeals from the district court’s grant of summary judgment in favor of Atlantic Richfield Corporation, after this court remanded Rebel’s antitrust action against ARCO. We affirm.

FACTS

The following statement of facts is taken in part from this court’s decision in Rebel Oil Co. v. Atlantic Richfield Co., 51 F.3d 1421 (9th Cir.), cert. denied, 516 U.S. 987 , 116 S.Ct. 515 , 133 L.Ed.2d 424 (1995), and from *1090 the district court opinion that is the subject of this appeal, Rebel Oil Co. v. Atlantic Richfield Co., 957 F.Supp. 1184 (D.Nev.1997).

Gasoline sold in the Las Vegas, Nevada area is first produced from crude oil in refineries in Los Angeles, California. Wholesale marketers then pump the gasoline to Las Vegas over a pipeline operated by the Cal-Nev Pipeline Co., which transports ninety-five percent of Las Vegas’ gasoline. Wholesale marketers then sell the gasoline to Las Vegas retail marketers, who then sell the gasoline to consumers.

Rebel Oil Company, Inc. and Auto Flite Oil Company, Inc. (collectively “Rebel”) are retail marketers of gasoline in Las Vegas, selling only self-serve, cash-only gasoline. Rebel has 16 retail stations. In addition to its…