Antitrust and Trade Regulation Commons^™

Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Energy Crisis: The Need For Antitrust Action And Federal Regulation, P. Scott Dye, Samuel H. Gillespie, Iii, Steven P. Howard, Franklin M. Tatum

Vanderbilt Law Review

The energy industry faces a crisis--an energy shortage that may not be alleviated for a number of years. Unlike the transitory regional supply shortages of the past, the present crisis is far more pervasive,threatening the industrial and economic progress of the nation. Authorities have predicted that this energy gap, spurred on by the convergence of a variety of circumstances affecting the delicate balance of supply and demand, will have collateral consequences that stagger the imagination, including sharp buyer competition for scarce fuel supplies and spiraling consumer prices for basic fuel services. The very existence of the crisis raises many grave …

Integration Of Public Utility Holding Companies, Robert F. Ritchie

Michigan Legal Studies Series

The Public Utility Holding Company Act of 1935 was one of the most controversial pieces of legislation ever enacted by Congress, but despite this fact it has withstood numerous and vigorous attacks upon its constitutionality and, further, it has never been amended in any material respect. The Securities and Exchange Commission was confronted in 1935 with one of the most difficult administrative tasks in modern history. How it met and resolved the difficult problems of geographical and economic integration, arising under the so-called "death sentence" provisions of this Act, is the subject matter of this publication.

The research involved in …

A National Policy For The Oil Industry, By Eugene V. Rostow, Philip B. Kurland

Indiana Law Journal

No abstract provided.

Trade Restraints - Antitrust Laws - Consent Decrees - Right Of Intervention Where Decree Reopened, Gerald M. Lively

Michigan Law Review

In 1935, the Attorney General brought a suit in equity to enforce the antitrust laws, charging Columbia Gas & Electric Corporation and its controlled instrumentality, Columbia Oil & Gasoline Corporation, and individual defendants, with having conspired for the benefit of Columbia Gas to shut out operation in the Indiana-Ohio-Michigan area by the Panhandle Eastern Pipe Line Company, which had built a natural-gas pipe line from the Texas fields to the border of Indiana. Panhandle was an offspring of Missouri-Kansas Pipe Line Company, or Mokan, which at the time of the suit owned half its stock and half its junior debt. …

Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review

Michigan Law Review

Eighteen electric utilities, with non-exclusive franchises and in direct competition with the TVA in selling power wholesale to municipalities, cooperatives and large industrial plants, sought to enjoin the activities and projects of the TVA and its directors as being unconstitutional and as contravening their rights under the fifth, ninth, and tenth amendments. Fraud, duress, and misrepresentations in securing customers were charged. A court of three judges dismissed the bill, holding that there was no fraud or duress and that the TVA was constitutional. Fourteen utilities appealed to the United States Supreme Court. Held, with Justices Butler and McReynolds dissenting, …

The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard

Michigan Law Review

As long ago as 1873, and very likely even earlier, courts were speaking of the public utility in the sense of the public convenience or advantage, a New Jersey court saying, "these prerogatives (of railway corporations) are grants from the government, and public utility is the consideration for them." This has been often quoted by other courts, notably by your Judge Atherton in the famous case of Scofield v. Railway in 1885. But the term "public utility'' as applied to plants or corporations rendering a public service is very new. It is not to be found in the 1904 edition …

Constitutional Law-Right To Competition

Michigan Law Review

The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …

Trade Restraints - Inducing Breach Of Contract

Michigan Law Review

Plaintiff had "exclusive requirement" contracts with 90% of the users of electricity in various communities in Texas. Defendant was in the business of selling municipal electric plants to communities under a plan whereby, on assurance that enough users would enter into exclusive contracts to make the plant a success, the defendant agreed to look for payment to the revenue of the plant only. Installation of a municipal plant would, therefore, necessitate breaches of the "exclusive requirement" contracts on the part of some of plaintiff's customers. Held, that plaintiff was not entitled to an. injunction restraining defendant from inducing plaintiff's …

Public Utility Service And Discrimination, Charles S. Hyneman

Indiana Law Journal

No abstract provided.

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;