No. 18-475

Zaremba Family Farms, Inc., et al. v. Encana Oil & Gas (USA) Inc.

Lower Court: Sixth Circuit
Docketed: 2018-10-15
Status: Denied
Type: Paid
Relisted (2)
Tags: anticompetitive-agreement antitrust antitrust-injury civil-procedure civil-rights due-process injury-in-fact market-allocation oil-and-gas oil-and-gas-rights private-cause-of-action standing takings valuation
Key Terms:
Antitrust
Latest Conference: 2019-01-18 (distributed 2 times)
Question Presented (AI Summary)

Whether proof of the fact of damage—a significant drop in the value of a plaintiff's oil and gas interests—because of an illegal, anticompetitive agreement, is sufficient to establish an injury-in-fact giving rise to a private cause of action under 15 U.S.C. § 15(a), without, as a prerequisite, requiring the antitrust plaintiff to sell its oil and gas interests in an artificially rigged market

Question Presented (OCR Extract)

QUESTION PRESENTED | The Court of Appeals found there was sufficient evidence that Respondent Encana Oil & Gas (USA) Inc. conspired with Chesapeake Energy to allocate markets and depress the prices paid for oil and gas . interests in northern Michigan in October 2010. There was evidence that Petitioners’ interests had a value of : | at least $1,505.15 per acre in May 2010, and that : Respondent paid on average $3,055.60 per acre in the relevant area at that same time. But, as a result of Respondent’s and Chesapeake’s collusion, Petitioners’ interests lost significant value and were only worth . $35.21 per acre in October 2010. ; , Petitioners~ argued that the unlawful anticom, petitive scheme between Respondent and Chesapeake deprived them of the opportunity to.sell their interests at a fair price in a competitive market. ; | The Court of Appeals held that Petitioners failed to demonstrate an injury-in-fact because they did not try to lease their oil and gas rights in the market with | artificially depressed prices. Question Presented: Whether proof of the fact of damage—a significant ; drop in the value of a plaintiffs oil and gas interests— ; because of an illegal, anticompetitive agreement, is ~ ” sufficient to establish an injury-in-fact giving rise to a ; private cause of action under 15 U.S.C. § 15(a), ; without, as a prerequisite, requiring the antitrust plaintiff to, sell its oil and gas interests in an artificially rigged market. . ‘ (i)

Docket Entries

2019-01-22
Petition DENIED.
2019-01-02
DISTRIBUTED for Conference of 1/18/2019.
2018-12-27
Reply of petitioners Zaremba Family Farms, Inc., et al. filed.
2018-12-14
Brief of respondent Encana Oil & Gas (USA) Inc. in opposition filed.
2018-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018.
2018-10-24
Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk. filed.
2018-10-15
Motion (18M51) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2018-09-26
MOTION (18M51) DISTRIBUTED for Conference of 10/12/2018.
2018-09-17
Motion (18M51) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2018-09-17
Petition for a writ of certiorari filed. (Response due November 14, 2018)

Attorneys

Encana Oil & Gas (USA) Inc.
Michael Neil LloydSchiff Hardin LLP, Respondent
Michael Neil LloydSchiff Hardin LLP, Respondent
Zaremba Family Farms, Inc., et al.
Michael Frederick WaisHoward and Howard Attorneys PLLC, Petitioner
Michael Frederick WaisHoward and Howard Attorneys PLLC, Petitioner