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Is the United States Postal Service a “Person” Subject to Suit under Federal Antitrust Laws?

April 26, 2017Antitrust Federal Laws person postal service Subject suit supreme court cases united states

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Is the United States Postal Service a “Person” Subject to Suit under Federal Antitrust Laws?

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United States Postal Service v. Flamingo Industries (U.S.A.) LTD. et al. Docket No. 02-1290 From: The Ninth Circuit Case at a Glance Federal antitrust laws apply to a “person” or “persons,” which includes corporations and associations authorized under the laws of the United States, but not the United States itself or its agencies and instrumentalities. With the Postal Reorganization Act of 1970, Congress dramatically restructured the postal system, replacing the former Post Office Department with the United States Postal Service (USPS) and authorizing the USPS to compete for business. In launching the USPS into the commercial marketplace, did Congress intend to make this “independent establishment of the executive branch” subject to federal antitrust laws? • Previewed by Minneapolis attorney Mark A. Cohen, editor-in-chief of the Minnesota Lawyer in Minneapolis, Minn.