COLUMBIA STEEL CASTING v PORTLAND GENERAL ELECTRIC


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Keywords & Phrases

CaseNo: CSCVPGE253353, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: COLUMBIA STEEL CASTING, State: OR Oregon, UniqueCaseRef: LCD>CSCVPGE253353, State Action Immunity, Private, Authorize, Panel, Portland, United States, Authorization, Supreme Court, Columbia Steel Casting, Oregon, District Court, Expressly Authorize, Antitrust Laws, Foreseeability, Articulation, Appeals, Authorities, Decision Departs, Exclusive Service Territories, Competition, Active Supervision, Regulation, General Electric Company, Pennsylvania Ave, Midcal Aluminum, City, Sherman Act, State Policy, Ticor, Amicus Curiae, Pursuant, Displace Competition, Pge , ContentID: 120245922

Case Documents

AMICUS US IN SUPPORT OF PETITION FOR REHEARING
[ see first page and extracted highlights below ] ItemID: 112738

18 pages
PDF

AMICUS US AND EDISON ELECTRIC
[ see first page and extracted highlights below ] ItemID: 112737

9 pages
PDF

Total Documents: 2 documents , 27 pages

Price: $ 24.95

IVESLCD01 KGI0001

1 . AMICUS US IN SUPPORT OF PETITION FOR REHEARING

EXTRACTED KEY WORDS

STATE ACTION IMMUNITY
AUTHORIZE
PANEL
PRIVATE
SUPREME COURT
PORTLAND
UNITED STATES
COLUMBIA STEEL CASTING
DISTRICT COURT
OREGON
EXPRESSLY AUTHORIZE
FORESEEABILITY
APPEALS
AUTHORITIES
DECISION DEPARTS
EXCLUSIVE SERVICE TERRITORIES
COMPETITION
ANTITRUST LAWS
GENERAL ELECTRIC COMPANY
PENNSYLVANIA AVE
MIDCAL ALUMINUM
SHERMAN ACT
AUTHORIZATION
PGE
SUPREME COURT PRECEDENT
CALIFORNIA LIQUOR
PUC
PRIVATE PARTIES
ANTICOMPETITIVE EFFECTS

       IN THE UNITED STATES COURT OF APPEALS
               FOR THE NINTH CIRCUIT


              Nos. 93-35902, 93-35958


         COLUMBIA STEEL CASTING CO., INC.,
                         Plaintiff-Appellee/Cross-Appellant,

                        v.

        PORTLAND GENERAL ELECTRIC COMPANY,
                         Defendant-Appellant/Cross-Appellee.


  ON APPEAL FROM THE UNITED STATES DISTRICT COURT
            FOR THE DISTRICT OF OREGON


BRIEF AMICUS CURIAE OF THE UNITED STATES OF AMERICA
       IN SUPPORT OF PETITION FOR REHEARING



                      ANNE K. BINGAMAN
                        Assistant Attorney General

                      ROBERT B. NICHOLSON
                      DAVID SEIDMAN
                        Attorneys

                      U.S. Department of Justice
                      10th & Pennsylvania Ave. NW
                      Washington, DC 20530
                      (202) 514-4510



0



                              TABLE OF CONTENTS


STATEMENT OF INTEREST OF THE UNITED STATES................................    1

STATEMENT.................................................................    2

SNIPPETS:

IN THE UNITED STATES COURT OF APPEALS

COLUMBIA STEEL CASTING CO., INC.,

PORTLAND GENERAL ELECTRIC COMPANY,

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

10th & Pennsylvania Ave.

The Decision Is At Odds With The Supreme Court's Requirement That Private Anticompetitive

By State Authorities To Qualify For State Action Immunity

California Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U.S. 97

from the antitrust laws for private parties under the state action antitrust

market into exclusive service territories,

Electric (PGE) and Pacific Power & Light,

and obtained PUC Order 72-870, which did not by

court subsequently ruled that PGE had violated Section 1 of the Sherman Act

A panel of this Court unanimously reversed,

elimination of competition between PGE and PP&L was a natural and foreseeable

THE PANEL DECISION IS CONTRARY TO SUPREME COURT PRECEDENT AND CONFLICTS WITH THIS COURT'S

intended to authorize that restraint was "justif," id.

express state authorization of the challenged acts.

for the delegated action to have anticompetitive effects," Town of Hallie, 471

2We do not address here the appropriate standard for determining foreseeability of

intended to authorize what it did not expressly authorize.

The Panel's Decision Departs From This Court's Prior Decisions

2 . AMICUS US AND EDISON ELECTRIC

EXTRACTED KEY WORDS

STATE ACTION IMMUNITY
ARTICULATION
COURT
PORTLAND
ACTIVE SUPERVISION
PRIVATE
REGULATION
CITY
STATE POLICY
TICOR
UNITED STATES
AMICUS CURIAE
PURSUANT
DISPLACE COMPETITION
STATUTES
COMMISSION
EXPRESSED STATE
OPUC
OREGON
CALIFORNIA
EEI
PETITION
CARRIERS
EDISON ELECTRIC INSTITUTE
ANTITRUST LAWS
PRONG
SATISFY
FEDERAL TRADE COMMISSION
INSURERS

                              IN THE UNITED STATES COURT OF APPEALS
                                        FOR THE NINTH CIRCUIT
                                             Nos. 93-35902, 93-35958

                                COLUMBIA STEEL CASTING CO., INC.,
                                                         Plaintiff-Appellee/Cross-Appellant,
  v.

                              PORTLAND GENERAL ELECTRIC COMPANY,
                                                         Defendant-Appellant/Cross-Appellee.
                      ON APPEAL FROM THE UNITED STATES DISTRICT COURT
                                      FOR THE DISTRICT OF OREGON
                 BRIEF AMICUS CURIAE OF THE UNITED STATES OF AMERICA
  IN RESPONSE TO PETITION FOR REHEARING OF PORTLAND GENERAL ELECTRIC
            COMPANY AND BRIEF AMICUS CURIAE OF EDISON ELECTRIC INSTITUTE
                   JOEL I. KLEIN


                                                         Acting
                                                                Assistant
                                                                         Attorney
                                                                                       General
                                                        A. DOUGLAS MELAMED


                                                         Deputy
                                                                 Assistant
                                                                          Attorney
                                                                                       General
                                                        ROBERT B. NICHOLSON
                                                        DAVID SEIDMAN
                                                          Attorneys
                                                        U.S. Department of Justice

                  950
                                                            Pennsylvania
                                                                          Ave.
                                                                               NW




      Washington,
                    DC
                      20530-0001

      (202)
                514-4510

SNIPPETS:

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

BRIEF AMICUS CURIAE OF THE UNITED STATES OF AMERICA IN RESPONSE TO PETITION FOR REHEARING OF

STATE ACTION IMMUNITY PROTECTS ONLY THAT PRIVATE CONDUCT WHICH THE STATE, BY APPROPRIATE

BY THE PUBLIC UTILITY COMMISSION OF OREGON

ACTIVE SUPERVISION DOES NOT IMMUNIZE PRIVATE CONDUCT THAT IS NOT UNDERTAKEN PURSUANT TO A

Southern California Gas Co., No. 9555806, 1997 WL 33956 (9th Cir.

City of Lafayette v. Louisiana Power & Light Co.,

Federal Trade Commission v. Ticor Title Insurance Co.,

Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U.S. 48

State action immunity shields from the federal antitrust laws private anticompetitive conduct

"Clear articulation" requires that the challenged restraint be expressly authorized by the