United States Tenth Circuit

Under a now-amended Colorado unfair competition statute, a grocery store may sell gasoline below cost if such sales are conditioned on the purchase of enough groceries above cost that the entire series of transactions comes in at a profit. Consequently, a judgment in favor of competitors challenging such a practice is reversed.

Appellate Information

• Decided 04/25/2008
• Published 04/29/2008

Judges

• McCONNELL, Circuit Judge., Before TACHA, HARTZ and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Timothy R. McDonald (Timothy G. Atkeson, Jessica Brody, and Brittany K.T. Kauffman on the brief), Arnold & Porter LLP, Denver, CO, for Defendant-Appellant., Alphonse M. Alfano, Bassman, Mitchell & Alfano, Chartered, Washington, D.C. (Andrew R. Shoemaker and Tamera D. Westerberg, Hogan & Hartson LLP, Denver, CO, with him on the brief), for Plaintiffs-Appellees.