Under the terms of the parties’ franchise agreement, Shell unilaterally set the wholesale price charged to the dealers for gasoline. The dealers claimed that Shell and Motiva Enterprises, a joint venture between Shell and Saudi Refining, charged them wholesale prices that would not permit the dealers to compete in the marketplace.
On December 8, 2004, after a three-week trial, a unanimous jury ruled in favor of the eight franchisees and awarded them more than $4.5 million in damages and fees.
Shell appealed the jury’s verdict to the US Court of Appeals for the First Circuit. On April 18, 2008, the Court of Appeals affirmed all but one of the dealers’ claims and confirmed the jury’s determinations.
