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Buccaneer Energy (Usa) Inc v. Gunnison Energy Corporation; Sg Interests

December 14, 2012

BUCCANEER ENERGY (USA) INC., PLAINTIFF,
v.
GUNNISON ENERGY CORPORATION; SG INTERESTS, I, LTD., AND SG INTERESTS VII, LTD., DEFENDANTS.



The opinion of the court was delivered by: Senior District Judge Richard P. Matsch

ORDER DENYING MOTION TO DISMISS

In the First and Second Claims for Relief in the Complaint, filed on June 21, 2012, the plaintiff, Buccaneer Energy (USA), Inc., ("Buccaneer") asserts that the defendants, Gunnison Energy Corporation ("GEC"), SG Interests I, Ltd., and SG Interests VII, Ltd., (collectively "SGI") have violated Sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1, 2, by restraining access to the pipelines they own and control in the Ragged Mountain Area of Colorado with intent to drive out competition in the production, gathering, processing, transportation and sale of natural gas, produced from that field.

Among the factual allegations to support those claims, Buccaneer alleges that a natural gas producing company, Riviera Drilling & Exploration Company ("Riviera") sold natural gas to GEC, the operator of the pipeline system, co-owned by SGI, pursuant to a short-term terminable agreement which GEC terminated, effective October 1, 2007.

Buccaneer's president, Tony Gale, had earlier inquired of GEC whether there was any problem with Buccaneer's purchase of Riviera's assets. After receiving assurances that GEC would transport gas produced from Riviera's leaseholds, Buccaneer negotiated a Lease and Purchase ...


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