Fuels

Fill-Ups Settles

Florida AG resolves two gas price-fixing lawsuits
TALLAHASSEE, Fla.-- Florida Attorney General Bill McCollum said that his office has reached a settlement with Fill-Ups Food Stores and its owner, Ryan Phillips, resolving two lawsuits which alleged gasoline price-fixing in northwestern Florida. Phillips has agreed to a consent judgment which will prohibit him and his company from engaging in any activity that would result in noncompetitive gasoline pricing anywhere in Florida. Phillips must also pay $200,000, the statutory maximum civil penalties for violations of the Florida Antitrust Act.

The first lawsuit, filed in May 2006, [image-nocss] alleged that Phillips contacted the owner of a competing retail gasoline station and sought an agreement to raise gasoline prices at that station to match the prices Phillips had set for his nearby station. At Phillips's demand, the owner of that station raised his prices by 15 cents per gallon.

McCollum filed a second lawsuit approximately one year later, alleging Phillips demanded another competitor fix the price of gasoline at her store to match the prices Phillips had set for his nearby store. The store operator complied with Phillips' demand, raising her prices by three cents per gallon. Both lawsuits alleged the price-fixing conspiracies violated Florida's antitrust laws and the Florida Deceptive& Unfair Trade Practices Act.

As a condition of the settlement, Phillips and his company will be permanently prohibited from communicating with competitors about retail gasoline prices or seeking to enter into any pricing agreement with competitors. The company must also implement a compliance plan to advise its current and future employees of the provisions of the antitrust laws and the penalties for its violation. Finally, Phillips must reimburse the state $75,000 for the costs of the investigation and litigation.

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