Exxon Antitrust Litigation
(Allapattah Services, Inc., et al. v. Exxon Corp., Case No. 91-0986-CIV (S.D. Fla. 2004))
Exxon had allegedly been overcharging all of its direct served dealers for the wholesale price of motor fuel. Under Exxon’s Discount for Cash (DFC) program, which was implemented in August 1982, Exxon charged dealers a separate 3% credit processing transaction fee. Exxon allegedly claimed that it would offset this fee by reducing the wholesale price of motor fuel by that amount. Exxon allegedly collected the credit processing fee but did not reduce the wholesale price of motor fuel. A class action, which was comprised of current and former Exxon direct served dealers went to Court, and the Court returned a verdict in favor of the dealers. All Exxon direct served dealers who purchased motor fuel from Exxon between March 1, 1983 and August 28, 1994 according to a Sales Agreement were eligible to file claims for reimbursement of the overcharge on every gallon of motor fuel bought, regardless of whether they participated in the DFC program. We retained a company to assist us in locating potential claimants, and then we assisted those claimants in filing for reimbursement.
"I found it very comforting that your company did not expect us to make any payment until we had recovered the claimed amounts." - James H. Debson, Vice President and General Counsel, Community Hospitals Indianapolis
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