Marathon Oil Company; Marathon Petroleum Company LLC and Speedway

The Kentucky Attorney General is attempting to enforce the Kentucky Emergency Price Control Statute, KRS 367.372, et seq. The Kentucky Attorney General asserted that Marathon charged its customers at its Kentucky terminals in excess of $86 million dollars more in increased prices over Marathon’s pre-declaration prices, and that the increases could not be justified by increases in Defendants’ cost. The parties are disputing Defendants’ alleged violation of the Kentucky price control statute, the statute’s constitutionality, as well as the constitutionality of the Governor of Kentucky’s Executive Order that invoked the statute. The issues are complex.