United States Postal Service v. Flamingo Industries (USA) Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that when enacting the Sherman Antitrust Act, Congress could not have intended that “the Government would be exposed to liability as an antitrust defendant . . . .”
• concluding the Shearman Act does not 11 operate as a waiver of sovereign immunity
• reinforcing that the United States is not a “person” in the Sherman Act because “if the definition of ‘person’ included the United States, then the Government would be exposed to liability as an antitrust defendant, a result Congress could not have intended”
• analyzing the Sherman Act’s, 15 U.S.C. § 1 et seq., definition of “person” to conclude that the statute contemplates a government defendant
• “While Congress waived the immunity of the Postal Service, Congress did not strip it of its governmental status.”
• a federal agency's amenability to suit \does not result in liability if the substantive law in question is not intended to reach the federal entity.\

Source: CourtListener parenthetical corpus (CC0).