United States v. Standard Oil Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. PREFACE.

This action was brought by the United States under Section 4 of the Sherman Act ( 15 U.S.C. § 4 ) alleging that Standard Oil Company of California (SoCal) had violated Section 3 of the Sherman Act ( 15 U.S.C. § 3 ) by engaging, since 1956, in a continuing combination and conspiracy to unreasonably restrain and monopolize the distribution and sale of petroleum products in American Samoa. Specifically, the complaint alleged that SoCal had entered into long term petroleum requirements contracts with the primary nongovernmental consumers of petroleum in American Samoa, thereby causing an unreasonable restraint of trade.

On December 14, 1972, this court entered its judgment against SoCal adjudging it to have violated Section 3 of the Sherman Act. Prior to the entry of the judgment, on October 26, 1972, the court filed its Findings of Fact and Conclusions of Law, finding in part that SoCal, in combination with certain tuna canners doing business in American Samoa, conspired to reduce the price of petroleum products thereby preventing certain specified competitors from entering the petroleum market.

In May, 1974, a treble damage…