USA Petroleum Company v. Atlantic Richfield Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The Petition for Rehearing is granted. The opinion filed on August 12,1992, is hereby withdrawn and the following opinion substituted in its place. The suggestion for reconsideration en banc is therefore moot.
OPINION
D.W. NELSON, Circuit Judge:
Atlantic Richfield Co. (“ARCO”) is one of the “major” oil companies; USA Petroleum Co. (“USA”) is an “independent” gasoline marketer. USA alleged that ARCO and its dealers conspired to drive USA and other independents out of the retail gasoline market by agreeing to set retail gasoline prices “below market levels” and contends that this vertical…
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