Barnosky Oils, Inc v. Union Oil Co‪.‬

The defendant below, Union Oil Company, is a major oil company engaged in the refining and marketing of petroleum products. It distributes products to the retail outlets that it serves directly, known as direct-served dealers, as well as to independent wholesalers, known as jobbers. The jobbers in turn distribute the products to retail outlets, or "jobber-served dealers." Barnosky is a Union jobber in the Metropolitan Detroit area. Count One of the complaint alleges that Union exercised its control over the use of its brands, trade names and trademarks to facilitate a horizontal customer and territorial allocation in violation of section 1 of the Sherman Act, 15 U.S.C. ? 1. Count Two alleges that Union also violated section 1 of the Sherman Act by requiring Barnosky to cease selling gasoline to a customer that discounted gasoline at the retail level. Count Three of the complaint alleges that Union imposed exclusive dealing arrangements on its direct-served dealers, in violation of section 1 of the Sherman Act and section 3 of the Clayton Act, 15 U.S.C. ? 14. Count Four alleges price discrimination in violation of section 2(a) of the Robinson-Patman Act, 15 U.S.C. ? 13(a). Finally, Count Five alleges that Unions conduct also violated the Michigan antitrust laws, which parallel federal law.