CONSUL, LTD., Appellant,
v.
TRANSCO ENERGY COMPANY, formerly known as Transco Companies, Inc., and Transcontinental Gas Pipe Line Corporation, Appellees. (Two Cases)
CONSUL, LTD., Appellee,
v.
TRANSCO ENERGY COMPANY, formerly known as Transco Companies, Inc., and Transcontinental Gas Pipe Line Corporation, Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued July 14, 1986.
Decided November 14, 1986.
Attorney(s) appearing for the Case
Dudley H. Chapman (Ward, Lazarus, Grow & Cihlar, Washington, D.C., Reginald F. Combs, House, Blanco & Osborn, P.A., Winston-Salem, N.C., on brief), for appellant/cross-appellee.
John L. Jeffers (David D. Sterling, Baker & Botts, Houston, Tex., Charles F. Vance, Jr., W. Andrew Copenhaver, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for appellees/cross-appellants.
Before WIDENER and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
ERVIN, Circuit Judge:
This case never crosses the threshold of antitrust analysis under § 2 of the Sherman Act.1 There is a mismatch between the assumed natural monopoly power of the defendant, Transco, in the market for transporting gas along its pipeline and the relevant market for Sherman Act purposes that the plaintiff, Consul, has chosen to plead. Consul contended that the relevant product...
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