United States V. Terminal Railroad Association
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United States V. Terminal Railroad Association
''United States v. Terminal Railroad Association'', 224 U.S. 383 (1912), is the first case in which the United States Supreme Court held it a violation of the United States antitrust law, antitrust laws to refuse to a competitor access to a facility necessary for entering or remaining in the market (an "essential facility"). In this case a combination of firms was carrying out the restrictive practice, rather than a single firm, which made the conduct susceptible to challenge under section 1 of the Sherman Antitrust Act, Sherman Act (15 U.S.C. § 1) rather than under the heightened standard of section 2 of that act (15 U.S.C. § 2). Even so, the case was brought under both sections. Background Twenty-four lines of railway converge at St. Louis. About half of them terminate on the Illinois side of the Mississippi River. The other half terminate in or near St. Louis, on the west bank. The cost of construction and maintenance of railroad bridges over the Mississippi River i ...
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Sherman Antitrust Act Of 1890
The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author. The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade. The law attempts to prev ...
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