United States v. Aluminum Co. of America

United States Court of Appeals for the Second Circuit148 F.2d 416 (1945)


The United States government (plaintiff) brought suit against Aluminum Company of America (Alcoa) (defendant) and Aluminum, Limited (Aluminum) alleging that the two companies illegally conspired with other foreign entities to form a monopoly and restrain domestic and foreign commerce regarding the manufacture and sale of aluminum ingot. The district court dismissed the complaint, and the United States appealed. The appeal was referred to the court of appeals because the United States Supreme Court was unable to attain a quorum of six justices required to hear the case. A central issue on appeal was whether the participation of Aluminum in an “alliance” with other foreign producers constituted a violation of the first section of the Sherman Act which provides that “every contract, combination, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.”

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