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TOWN OF CONCORD, MASS. v. BOSTON EDISON CO.

No. 89-1872.

915 F.2d 17 (1990)

TOWN OF CONCORD, MASSACHUSETTS, et al., Plaintiffs, Appellees, v. BOSTON EDISON COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 21, 1990.

Attorney(s) appearing for the Case

William L. Patton with whom Robert J. Stillman, Ropes & Gray, Boston, Mass., George F. Bruder, Carmen L. Gentile, Bruder, Gentile & Marcoux, Washington, D.C., John J. Desmond, III and Jeffrey N. Stevens, Boston, Mass., were on brief, for defendant, appellant.

Charles F. Wheatley, Jr., with whom Don Charles Uthus, Peter A. Goldsmith, Annapolis, Md., Timothy P. Ingram, Arlington, Va., Pace J. McConkie, Allen D. Freemyer, Wheatley & Ranquist, Salt Lake City, Utah, Charles R. Parrott, Nutter, McClennen & Fish, Boston, Mass., Albert S. Robinson, and Grindle, Robinson & Kertzman, Wellesley, Mass., were on brief, for plaintiffs, appellees.

Before BREYER, Chief Judge, and CAMPBELL and SELYA, Circuit Judges.

BREYER, Chief Judge.

The chief question raised by this appeal is whether a pricing practice known as a price squeeze violates the antitrust laws when it takes place in a fully regulated industry.

To understand the nature of a price squeeze the reader must keep three basic facts in mind. First, a firm can engage in a price squeeze only if it operates at two levels of an industry, and only if its competitors at one level are also its customers. Alcoa, the defendant...

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