[U] Pacific Gas And Electric Co. V. Howard P. Foley Co.
United States Court of Appeals for the Ninth Circuit
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Plaintiff, Pacific Gas & Electric Company ("PG&E" or "Plaintiff" or "Appellant"), sought treble damages for the period 1972-1977 during which it paid Defendant Howard P. Foley Company, Inc. ("Foley") contracting company cost-plus 15%, a rate which PG&E alleges was possible only as a result of bid-rigging in violation of either the Sherman Act or RICO or both. PG&E alleges that a competitive fee during that time period would have been between cost-plus 4% and cost-plus 8%. PG&E calculates the excess fees as between $3.5 million and $4.6 million. PG&E also sought to recover as damages, to be trebled, the cost of financing these excess charges and calculates these financing costs as between $17.5 million and $22.4 million.