Continental Ore Company v. Union Carbide and Carbon Corporation

• Decision Date: 23 October 1961
• Docket Number: No. 304,304
• Citation: 82 S.Ct. 141,368 U.S. 886,7 L.Ed.2d 87
• Parties: CONTINENTAL ORE COMPANY et al., petitioners, v. UNION CARBIDE AND CARBON CORPORATION et al
• Court: U.S. Supreme Court

368 U.S. 886

82 S.Ct. 141

7 L.Ed.2d 87

CONTINENTAL ORE COMPANY et al., petitioners,

v UNION CARBIDE AND CARBON CORPORATION et al.

No. 304.

Supreme Court of the United States

October 23, 1961

Joseph L. Alioto and Maxwell Keith, for petitioners.

Herbert W. Clark, Richard J. Archer and Girvan Peck, for respondents Union Carbide Corp. and United States Vanadium Corp.

Edward R. Neaher and Francis N. Marshall, for respondent Vanadium Corp. of America.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Questions 2, 5, and 6 presented by the petition which read as follows:

'2. Whether an Appellate Court can take away from a jury the question of causal effect concerning an injury by a 100% two-company monopoly (admittedly achieved pursuant to an intent to monopolize) when the question of violation is confessed and the issue of measurement of damages is more than sufficiently supported by relevant economic data and where the destruction of the plaintiff company (petitioners herein) was admitted to be, by a chief executive officer of a defendant, an important goal of the monopolists?

'5. Whether petitioners, an American company, can claim damages under the anti-trust laws for injury caused by their elimination from the Canadian market when it was shown that two other American companies had entered into a conspiracy to eliminate all competition and to monopolize the industry and when it is shown that as part of this conspiracy one of the American companies utilized its domination and control over a wholly owned Canadian subsidiary, which had been given a discretionary power by the Canadian government to allocate the...