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Office of the City Attorney Date: August 4, 2026 To: Mayor and City Council From: Jim Smith, City Attorney Re: Fire Apparatus Antitrust Litigation In 2025, a U.S. Senate subcommittee held a public hearing on the escalating costs and extended delivery times of fire apparatuses ordered by public firefighting agencies. (A recording of the hearing may be viewed at: https://www.youtube.com/watch?v=MMFCRBF4G8E.) Since then, over forty (40) cities, counties, and fire districts across the country have filed lawsuits against the nation’s two largest fire apparatus manufacturers and their affiliates, REV Group, LLC and Oshkosh Corporation. In Arizona, the City of Tucson, the City of Tempe, and the Town of Gilbert have filed lawsuits. The lawsuits assert antitrust and anticompetition claims arising under federal and state statutes. The claims are based on REV Group and Oshkosh Corp. acquiring and merging small and large fire apparatus competitors and key companies in the fire apparatus supply chain into two dominant companies in the fire apparatus market. The lawsuits allege this consolidation allowed these companies to cut supply, raise prices beyond a reasonable measure of inflation, delay deliveries, and restrict competitive options without consequence or competitive pressures. They also allege that these manufacturing giants have doubled their profit margins and (in the case of REV Group) paid multi-million-dollar cash dividends to investors, while fire departments have struggled to obtain fire apparatuses and replacement parts at fair, competitive prices and within reasonable timelines necessary to serve their communities. A lawsuit will allow the City of Mesa to seek compensation for the overcharges on fire apparatuses purchased since 2023 due to these alleged anticompetitive practices.