Andy’s BP, Inc. v. Safeway, Inc.
Andy’s BP, Inc., Dixon Gas Club, LLC, and R.A.T. Oil, Inc., appeal from a judgment of dismissal entered after the court sustained without leave to amend defendants’ demurrers to their complaint for relief under the Unfair Practices Act (UPA; Bus. & Prof. Code § 17045 et seq.). Appellants had alleged that a program between respondents Safeway, Inc. (Safeway) and Chevron U.S.A., Inc. (Chevron), by which certain Safeway customers could obtain gas at Chevron stations at a reduced price, constituted an agreement for secret rebates in violation of Business and Professions Code section 17045 (section 17045). The court sustained the demurrer on the ground that the complaint failed to allege actionable price discrimination. Appellants contend the court erred because section 17045 is not limited to price discrimination for vertical competitors. We will affirm the judgment.
Comments on Andy’s BP, Inc. v. Safeway, Inc.