Supreme Court of the United States
Gulf Oil Corp. v. Copp Paving Co., Inc.
December 16, 1974419 U.S. 186
Summary
The Supreme Court reversed the Ninth Circuit, holding that purely intrastate sales of asphaltic concrete are not "in commerce" for purposes of § 2(a) Robinson‑Patman and §§ 3 and 7 Clayton Acts, and therefore the district court lacked jurisdiction. The Court rejected the “nexus to commerce” theory that reliance on interstate‑highway use suffices, and declined to decide broader questions about extending the statutes’ reach. Justice Marshall concurred and Justice Douglas dissented, arguing for a broader reading of the statutes.
Holding
- Whether a firm engaged in entirely intrastate sales of asphaltic concrete is a "person engaged in commerce" under § 2(a) Robinson‑Patman Act.. No; the firm is not "in commerce" for purposes of § 2(a) because its sales are wholly intrastate and not part of the flow of interstate commerce.
- Whether such intrastate sales satisfy the "in commerce" requirement of § 3 Clayton Act.. No; the sales do not meet the "in commerce" requirement of § 3 because the sellers are not engaged in interstate commercial activity.
- Whether such intrastate sales satisfy the "in commerce" requirement of § 7 Clayton Act.. No; the acquisitions and sales are not "in commerce" for § 7 because the corporations are not themselves engaged in interstate commerce.
- Whether the fact that the product is used in construction of interstate highways satisfies the jurisdictional language of the statutes.. No; the mere use of the locally produced product in interstate‑highway projects does not satisfy the "in commerce" requirement.
Docket 73-1012
Cited authorities
- 29 U.S.C. § 207
- CA10
- 49 Stat. 1526
- 15 U.S.C. § 13
- 38 Stat. 731
- 15 U.S.C. §§ 14
- 26 Stat. 209
- 15 U.S.C. § 1
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