Florida Fuels v. Krueder Oil Co.
United States District Court for the Southern District of Florida
717 F. Supp. 1528 (1989)
- Written by Heather Whittemore, JD
Facts
Belcher Oil Co. (Belcher) (defendant) was a fuel supplier to the cruise and cargo-shipping industries in South Florida. Belcher had a storage-tank facility in Miami and monopoly power in the market. Florida Fuels (plaintiff) sought to establish itself as a fuel supplier in South Florida. Florida Fuels attempted to lease tank space in Belcher’s facilities, and Belcher refused. Florida Fuels filed a lawsuit in federal court alleging that Belcher had violated § 2 of the Sherman Act by refusing to offer access to an essential facility, its storage tanks. Florida Fuels believed that there were no adequate sites in Miami to build its own storage facilities and that Belcher could feasibly share its facilities. Belcher moved for summary judgment on the essential-facilities claim. To support its motion, Belcher provided evidence that there were locations in Miami where Florida Fuels could build its own storage facilities. Belcher further argued that Florida Fuels’ preexisting storage facilities were similar to Belcher’s facilities and that Florida Fuels had been offered access to storage facilities by other firms.
Rule of Law
Issue
Holding and Reasoning (Ryskamp, J.)
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