Oakland-Alameda County Builders' Exchange v. F. P. Lathrop Construction Co.

Opinion

MOSK, J.

Plaintiffs appeal from a judgment on the pleadings rendered in favor of defendant in their action for declaratory relief and damages for breach of the rules of a bid depository. We here determine whether certain of the rules of the bid depository constitute per se violations of the antitrust law of California.

Bid depositories are creations of the construction industry, generally established by construction trades subcontractors to control the process of submitting subbids to general contractors who are bidding on large construction jobs. The operation of a typical bid…