| 翻訳と辞書 |
| Tampa Electric Co. v. Nashville Coal Co. ： ウィキペディア英語版 |
Tampa Electric Co. v. Nashville Coal Co.
''Tampa Electric Co. v. Nashville Coal Co.'', 365 U.S. 320 (1961), the ''Tampa Electric case'', was a 1961 decision of the Supreme Court that, together with ''United States v. Philadelphia Nat'l Bank'', clarified the legal test for determining whether requirements contracts "may substantially lessen competition" or "tend to create a monopoly" for purposes of section 3 of the Clayton Act.〔15 U.S.C. § 14.〕
==Background==
Tampa Electric, an electricity generating utility in Florida, decided to switch from burning oil to burning coal as boiler fuel at one of its new generating stations. It entered into a 20-year total requirements contract with Nashville Coal for the supply of coal at the station.〔365 U.S. at 322.〕 Shortly before the first coal was actually to be delivered, Tampa Electric, in order to equip its first units for the use of coal, spent some $3 million more than the cost of constructing oil-burning units. At that point Nashville Coal advised Tampa Electric that the contract was illegal under the antitrust laws, would therefore not be performed, and no coal would be delivered.〔The district court explained the circumstances surrounding Nashville's refusal to perform: ...defendants requested the plaintiff to modify the price provisions of the contract and upon the plaintiff's refusal to do so, the defendants furnished the plaintiff with an opinion of defendants' counsel to the effect that the contract was illegal.... ''Tampa Electric Company v. Nashville Coal Company, 214 F. Supp. 647, 649 (M.D. Tenn. 1963).〕 Tampa Electric was therefore obliged to procure its coal elsewhere.〔365 U.S. at 323.〕
According to the Court, there were some 700 coal suppliers in the producing area where Nashville Coal operated, and Tampa Electric's anticipated maximum requirements at the new station "would approximate 1% of the total coal of the same type produced and marketed" in that area.〔365 U.S. at 324.〕
Tampa sued Nashville to enforce the contract. The district court granted summary judgment in Nashville's favor, and the court of appeals affirmed. Both courts compared the estimated coal tonnage as to which the contract preempted competition for 20 years, namely, 1 million tons a year by 1961, with the previous annual consumption of peninsular Florida, 700,000 tons. Emphasizing that fact, as well as the contract value of the coal covered by the 20-year term—$128 million—they held that such volume was not "insignificant or insubstantial," and that the effect of the contract would "be to substantially lessen competition," in violation of the § 3 of the Clayton Act.〔365 U.S. 324-25.〕 Tampa then sough further review in the Supreme Court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Tampa Electric Co. v. Nashville Coal Co.」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|