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SQUARE D CO. v. NIAGARA FRONTIER TARIFF BUR., INC.

No. 85-21.

476 U.S. 409 (1986)

SQUARE D CO. ET AL. v. NIAGARA FRONTIER TARIFF BUREAU, INC., ET AL.

Supreme Court of United States.

Decided May 27, 1986

Attorney(s) appearing for the Case

Douglas V. Rigler argued the cause for petitioners. With him on the briefs were Linda Heller Kamm, Michael Fischer, Joseph E. Zdarsky, H. Laddie Montague, Arnold Levin, and Howard Sedran.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Ginsburg, Deputy Assistant Attorney General Cannon, Jerrold J. Ganzfried, Robert B. Nicholson, Robert S. Burk, Henri F. Rush, Timm L. Abendroth, and Jim J. Marquez.

Donald L. Flexner argued the cause for respondents. With him on the brief were Clifton S. Elgarten, Peter A. Greene, Charles L. Freed, John W. Bryant, Bryce Rea, Jr., Donald E. Cross, Lester M. Bridgeman, Louis E. Emery, and Joel B. Harris.*

Briefs of amici curiae were filed for American Information Technologies Corp. et al. by J. Paul McGrath; for C. D. Ambrosia Trucking Co., Inc., et al. by Lawrence R. Velvel and Bruce J. Ennis, Jr.; and for the Western Fuels Association, Inc., et al. by Frederick L. Miller, Jr.

JUSTICE STEVENS delivered the opinion for the Court.

Petitioners have alleged that rates filed with the Interstate Commerce Commission by respondent motor carriers during the years 1966 through 1981 were fixed pursuant to an agreement forbidden by the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1 et seq. The question presented is whether the carriers are subject to treble-damages liability in a private antitrust action if the allegation is true...

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