Legal Opinion

Consul, Ltd. v. Transco Energy Co.

Court of Appeals for the Fourth Circuit

Decided November 14, 1986No. Nos. 85-1729(L), 85-1971 and 85-1988PublishedCited by 26 opinions

1Opinion of the Court

ERVIN, Circuit Judge:

This case never crosses the threshold of antitrust analysis under § 2 of the Sherman Act.1 There is a mismatch between the assumed natural monopoly power of the defendant, Transco, in the market for transporting gas along its pipeline and the relevant market for Sherman Act purposes that the plaintiff, Consul, has chosen to plead. Consul contended that the relevant product in question was natural gas at the wellhead and the relevant geographical area was comprised of two natural gas fields in Mississippi, plus unnamed sources of natural gas to which Consul might be…

2Cases cited31 opinions

  1. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  2. United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
  3. Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
  4. Times-Picayune Publishing Co. v. United StatesSupreme Court of the United States · 1953
  5. Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927

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3Cited by26 opinions

  1. E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.Court of Appeals for the Fourth Circuit · 2011
  2. Intergraph Corporation v. Intel CorporationCourt of Appeals for the Federal Circuit · 1999
  3. Drs. Steuer & Latham, P.A. v. National Medical Enterprises, Inc.District Court, D. South Carolina · 1987
  4. Belmora LLC v. Bayer Consumer Care AGCourt of Appeals for the Fourth Circuit · 2021
  5. Nobody in Particular Presents, Inc. v. Clear Channel Communications, Inc.District Court, D. Colorado · 2004

21 more not listed; retrieve them via the Exa API.

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