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FMC v. Svenska Amerika Linien, 390 U.S. 238 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
FMC v. Svenska Amerika Linien, 390 U.S. 238 (1968)
MR. JUSTICE HARLAN, concurring in the result.
I concur in the result reached by the Court, substantially for the reasons stated in the Court’s opinion. However, I cannot join in the Court’s general statements, ante at 244-246, concerning the relationship between the antitrust laws and the "contrary to the public interest" standard of § 15 of the Shipping Act. It seems plain that the "contrary to the public interest" test was intended to comprehend factors unique to the shipping industry, as well as those embodied in the antitrust laws. Hence, I believe that, under the Act, the Commission may not place upon a shipping conference the burden of justifying an agreement until the Commission has determined that, in light of both shipping and antitrust factors, the agreement would be "contrary to the public interest" in the absence of further explanation.
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Chicago:
Harlan, "Harlan, J., Concurring," FMC v. Svenska Amerika Linien, 390 U.S. 238 (1968) in 390 U.S. 238 Original Sources, accessed July 5, 2025, http://www.originalsources.com/Document.aspx?DocID=UKN7F9N69LEFPID.
MLA:
Harlan. "Harlan, J., Concurring." FMC v. Svenska Amerika Linien, 390 U.S. 238 (1968), in 390 U.S. 238, Original Sources. 5 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=UKN7F9N69LEFPID.
Harvard:
Harlan, 'Harlan, J., Concurring' in FMC v. Svenska Amerika Linien, 390 U.S. 238 (1968). cited in 1968, 390 U.S. 238. Original Sources, retrieved 5 July 2025, from http://www.originalsources.com/Document.aspx?DocID=UKN7F9N69LEFPID.
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