GULF OIL CORP. ET AL.
v.
COPP PAVING CO., INC., ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted certiorari limited to specific questions concerning whether a product solely made and used within one state, but used in an instrumentality of commerce, meets the commerce requirements for anti-discrimination and anti-monopoly laws.
The case involves a commodity made and sold only in one state, which is also only salable and usable in that state. The commodity is used in an instru…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clayton Act Section 3 cases and more on FLexlaw
C. A. 9th Cir. Certiorari granted limited to Questions 1(a), (b), and (c) presented in the petition, which read as follows:
“1. With respect to a commodity which is not only made and sold in one state alone but is only salable and usable in that state, does the fact that it is used in an instrumentality of commerce such as a highway supply the necessary requirements, by itself and as a matter of law
“ (a) Of the anti-discrimination clause of the Robinson-Patman Act that the discriminatory sale be by a 'person engaged in commerce, in the course of such commerce/ that 'either or any of the purchases involved . . . [be] in commerce/ and that the 'effect . . . may be substantially to lessen competition or tend to create a monopoly in any line of commerce’?
“(b) Of Section 3 of the Clayton Act that the tying conduct be that of a 'person engaged in commerce, in the course of such commerce’ and that ‘the effect . . . may be to substantially lessen competition or tend to create a monopoly in any line of commerce’ ?
“(c) Of Section 7 of the Clayton Act that the acquisition by a ‘corporation engaged in commerce’ be of a corporation ‘engaged also in commerce,’ and that ‘the effect . . . may be substantially to lessen competition, or tend to create a monopoly,’ where the acquired corporation sold nothing in commerce and the product it made did not enter commerce?”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gulf OIL Corp. v. Copp Paving Co., Inc., 419 U.S. 186 (U.S. 1974)…193] proper interpretation of the jurisdictional reach of the antitrust laws, and because of ostensible conflicts with decisions of other circuits.7 We limited the grant, however, to the questions arising under the Clayton and Robinson-Patman Acts.8 415 U. S. 988 (1974). II The text of each of the statutory provisions involved here is set forth in the margin.9 In brief, § 2 (a) of the [*194] Robinson-Patman Act forbids “any person engaged in commerce, in the course of such commerce” to discriminate in pric…
-
Allenberg Cotton Co., Inc. v. Pittman, 419 U.S. 20 (U.S. 1974)…tion to dismiss was made on the ground that the Mississippi Supreme Court did not pass on that federal question and that such question was not in fact raised. We accordingly postponed the question of probable jurisdiction to a hearing on the merits, 415 U. S. 988 (1974). [*22] I On application of appellant (appellee below), the Chief Justice of the Supreme Court of Mississippi executed a certificate dated August 17, 1973, stating in part: “[T]his Court . . . hereby certifies . . . that in this appeal . . .…
-
Thornhill Publ'g Co., Inc. v. Gen. Tel. & Elecs. Corp., 594 F.2d 730 (9th Cir. 1979)…were not a part of the flow of interstate commerce. Appellant’s argument that the directories must be regarded as “in commerce” is based on our decision in Copp Paving Co. v. Gulf Oil Co., supra, 487 F. 2d 202, cert. denied on the Sherman Act issue, 415 U.S. 988, 94 S.Ct. 1586, 39 L.Ed.2d 885 (1974). In Copp Paving we held that “the production of asphalt for use in interstate highways rendered the producers ‘instrumentalities’ of interstate commerce and placed them ‘in’ that commerce as a matter of law.” 4…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence