Philip Nelson provided expert analysis and testimony for defendant Capital Petroleum Group in the District of Columbia v. Capitol Petroleum Group, LLC et al. matter, which was filed in the Superior Court of the District of Columbia.

This case involved the wholesale and retail sale of gasoline in the District of Columbia (DC) during the District’s COVID-19 emergency. The Plaintiff (the District of Columbia) alleged that the Defendant (Capitol Petroleum) had violated both DC’s Natural Disaster Consumer Protection Act (NDCPA) and its Consumer Protection Procedures Act (CPPA) by engaging in illegal price gouging and unfairly increasing profits on gas distribution during the COVID pandemic.

Secretariat was retained by Bassman, Mitchell, Alfano & Leiter, Chartered on behalf of the Defendant. Dr. Nelson provided compelling economic analysis that led the Plaintiff to drop its CPPA claim (akin to an FTC ACT unfair competition claim) and settle the NDCPA claim (a price gouging claim). With respect to the CPPA claim, Dr. Nelson’s testimony evaluated whether the Plaintiff had provided sufficient economic analysis to prove that the Defendant had significant, unilateral market power or were engaging in anticompetitive conduct. With respect to the NDCPA claim, Dr. Nelson provided economic analysis that supported the empirical studies conducted by another industry expert, who showed that the Defendant actually lowered their retail gasoline prices and lost money at the time they were alleged to have undertaken price gouging.

The Secretariat team supporting Dr. Nelson on this case included Jessica Serody, Madison Ondo, Ndeye Njie, Pranick Chamlagai, and Shahid Shabab.