SGT represented a Westport, Connecticut taxi service against the Westport Transit District, claiming that the district had intentionally engaged in monopolistic practices in violation the Connecticut Antitrust Act, § 35-24 et seq. The trial court found that defendants Westport Transit District had gained monopoly power and engaged in predatory pricing by setting its prices not only below cost but substantially below average variable costs, and that the defendant’s pricing was instituted to drive its competitors out of business. As a result, the trial court-imposed liability on the defendant Westport Transit District and awarded the treble damages, including lost profits, business value, and prejudgment interest, of $1,048,260.96.
On appeal, the Connecticut Supreme Court affirmed the trial court's decision and declined to decide whether the district was entitled to governmental immunity because the district failed to plead governmental immunity as a special defense, it did not raise that defense at trial, and the record was insufficient to make such a determination. The case was Westport Taxi Service, Inc. v. Westport Transit District, No. CV 79 0041301S (Conn. Super. Ct. 1992).
