Legal Opinion

Alberta Gas Chemicals Limited and Alberta Gas Chemicals, Incorporated v. E.I. Du Pont De Nemours and Company, Du Pont Holdings, Inc., and Conoco Inc

Court of Appeals for the Third Circuit

Decided September 10, 1987No. 86-5662PublishedCited by 81 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this antitrust suit a methanol producer challenges a competitor’s acquisition of another corporation. The merger led to cancellation of the acquired company's plans to produce methanol by a new process, preceded by large scale purchases to stimulate the market before beginning production. We conclude that the plaintiffs’ alleged loss of anticipated sales resulting from that expected increase of market activity does not constitute antitrust injury. We determine further that the plaintiffs’ collateral loss of sales to the acquired company in the…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  4. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  5. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969

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3Cited by81 opinions

  1. West Penn Allegheny Health System, Inc. v. UPMCCourt of Appeals for the Third Circuit · 2010
  2. Todorov v. DCH Healthcare AuthorityCourt of Appeals for the Eleventh Circuit · 1991
  3. In Re Lower Lake Erie Iron Ore Antitrust Litigation (Mdl No. 587). (Nineteen Cases). Wills Trucking, Inc. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. Baltimore & Ohio Railroad Company, Inc. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Csx Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02010). Wills Trucking, Inc. And Toledo World Terminal, Inc., in 91-1526. Bessemer and Lake Erie Railroad Company, in 91-1586. Wills Trucking, Inc. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. Baltimore & Ohio Railroad Company, Inc. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Csx Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02010). Bessemer and Lake Erie Railroad Company, in 91-1587. C.D. Ambrosia Trucking Co., Inc. v. Chesapeake & Ohio Railway Company Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (d.c. Civil No. 84-02012). Bessemer and Lake Erie Railroad Company, in 91-1588. Republic Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02079). Bessemer and Lake Erie Railroad Company, in 91-1589. National Steel Corporation v. Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (Civil No. 84-02134). Bessemer and Lake Erie Railroad Company, in 91-1590. Jones & Laughlin Steel Incorporated v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02135). Bessemer and Lake Erie Railroad Company, in 91-1591. Wheeling-Pittsburgh Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02138). Bessemer and Lake Erie Railroad Company, in 91-1592. Tauro Brothers Trucking Co. v. Baltimore and Ohio Railroad Company, Inc. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. Pittsburgh & Lake Erie Railroad Co. (d.c. Civil No. 84-02781). Bessemer and Lake Erie Railroad Company, in 91-1593. Sharon Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (d.c. Civil No. 84-05562). Bessemer and Lake Erie Railroad Company, in 91-1594. Erie Western Pennsylvania Port Authority and Codan Corporation v. Chesapeake & Ohio Railway Company, Inc. Baltimore and Ohio Railroad Company, Inc. Csx Corporation Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation, Inc. And the Penn Central Corporation, Inc. (d.c. Civil No. 84-05760). Bessemer and Lake Erie Railroad Company, in 91-1595. C.D. Ambrosia Trucking Co., Inc. v. Chesapeake & Ohio Railway Company Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (d.c. Civil No. 84-02012). C.D. Ambrosia Trucking Company ("Ambrosia"), in 91-1627. Republic Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02079). Republic Steel Corporation in 91-1628. National Steel Corporation v. Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02134). National Steel Corporation, in 91-1629. Jones & Laughlin Steel Incorporated v. The Penn Central Corporation, the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02135). Jones & Laughlin Steel Incorporated, in 91-1630. Wheeling-Pittsburgh Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02138). Wheeling-Pittsburgh Steel Corporation, in 91-1631. Tauro Brothers Trucking Co. v. Baltimore and Ohio Railroad Company, Inc. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. Pittsburgh & Lake Erie Railroad Co. (d.c. Civil No. 84-02781). Tauro Brothers Trucking Company, in 91-1632. Sharon Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (d.c. Civil No. 84-05562). Sharon Steel Corporation, in No. 91-1633. Erie Western Pennsylvania Port Authority and Codan Corporation v. Chesapeake & Ohio Railway Company, Inc. Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Consolidated Rail Corporation, Inc. And the Penn Central Corporation, Inc. (d.c. Civil No. 84-05760). Erie-Western Pennsylvania Port Authority and Codan Corporation ("Erie"), in 91-1634Court of Appeals for the Third Circuit · 1993
  4. Robert S. Mathews, M.D., at No. 95-1391 v. Lancaster General Hospital Lancaster General Hospital Foundation Columbia Hospital Columbia Hospital Foundation Gerald W. Rothacker, Jr., M.D. Thomas R. Westphal, M.D. John Shertzer, M.D. J. Paul Lyet, M.D. James P. Argires, M.D. Hugh H. Hoke, Jr., M.D. Robert S. Mathews, M.D., at No. 95-1392 v. Orthopedic Associates of Lancaster, Ltd. Robert S. Mathews, M.D. v. Lancaster General Hospital Lancaster General Hospital Foundation Columbia Hospital Columbia Hospital Foundation Gerald W. Rothacker, Jr., M.D. Thomas R. Westphal, M.D. John Shertzer, M.D. J. Paul Lyet, M.D. James P. Argires, M.D. Hugh H. Hoke, Jr., M.D. Lancaster General Hospital Gerald W. Rothacker, Jr., M.D. Thomas R. Westphal, M.D. John H. Shertzer, M.D. J. Paul Lyet, M.D. James P. Argires, M.D. And Hugh H. Hoke, Jr., M.D., at No. 95-1532. Robert S. Mathews, M.D. v. Orthopedic Associates of Lancaster, Ltd., at No. 95-1548Court of Appeals for the Third Circuit · 1996
  5. Broadcom Corp. v. Qualcomm Inc.Court of Appeals for the Third Circuit · 2007

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