United States DC Circuit

While the ability to increase revenues by raising prices is not always indicative of market power, the normal assumption in examining assertions of market power is that the current price is at least the competitive price.

Appellate Information

• Argued 05/07/2001
• Decided 07/27/2001
• Published 07/27/2001

Judges

• Before:  EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mitchell F. Hertz argued the cause for petitioners CF Industries, Inc. and Farmland Industries.   With him on the briefs were Frederic L. Wood, Jeffrey O. Moreno, Scott A. Harvey, Jeffrey A. Rosen, Daryl Joseffer and Daniel T. Donovan.  James D. Senger entered an appearance., John G. Roberts, Jr. argued the cause for petitioner Koch Pipeline Company , L.P.   With him on the briefs were Samuel M. Sipe, Jr., F. Michael Kail and Jonathan S. Franklin., Frederic L. Wood, Jeffrey O. Moreno, Scott A. Harvey, Jeffrey A. Rosen, Mitchell F. Hertz, Daryl Joseffer and Daniel T. Donovan were on the brief for intervenors CF Industries, Inc. and Farmland Industries, Inc.   James D. Senger entered an appearance., Samuel M. Sipe, Jr., F. Michael Kail, John G. Roberts, Jr. and Jonathan S. Franklin were on the brief for intervenor Koch Pipeline Company L.P.


• For Appellees:
  
• Theodore K. Kalick, Attorney, Surface Transportation Board, argued the cause for respondents.   With him on the brief were Ellen D. Hanson, General Counsel, and John M. Nannes, Acting Assistant Attorney General, Robert P. Nicholson, Attorney, and John P. Fonte, Attorney, U.S. Department of Justice.