QT ‘Price War’ Lawsuit Dismissed
Published in CSP Daily News
Judge rules plaintiff “lacks standing” for case to proceed
ST. LOUIS -- A district court judge has dismissed an 8-month-old lawsuit accusing QuikTrip Corp. of leading a gasoline price war in the St. Louis market.
In a court order, Judge Jean C. Hamilton agreed with QuikTrip’s motion to dismiss the case, noting that the plaintiff--the Association of Independent Gas Station Owners (AIGO)--“failed to show that it has suffered any injury,” among other statements.
“The court finds [the] plaintiff lacks standing in both an individual and a representative capacity, and therefor the court need not reach [the] defendant’s arguments,” Hamilton wrote in documents obtained by CSP Daily News.
In the original lawsuit filed in November 2011, AIGO, which was represented by West Moreland Service Inc. dba Go West Mart, George Minkevich and Edward Montgomery, claimed "QuikTrip's below-cost predatory pricing" beginning on July 1, 2011, had forced the plaintiffs "to set prices for gasoline below their costs in order to sustain their presence in the marketplace."
AIGO, requested in the original complaint that the court:
- Enjoin QT's pricing practices.
- Award the plaintiffs "in excess of $50 million," as well as court and attorney fees.
- Impose penalties on QT.
- Provide for additional relief as deemed appropriate.
Mike Thornbrugh, QuikTrip’s manager of public and governmental affairs, hailed the court ruling as a victory for the Tulsa, Okla.-based convenience store chain.
“The court concurred with QuikTrip,” he told CSP Daily News yesterday. “The suit was without merit, absurd and frivolous.”