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Antitrust Keyed to Morgan, 7th Ed.
Fortner Enterprises, Inc. v. United States Steel Corp.
Citation:
394 U.S. 495, 89 S. Ct. 1252, 22 L. Ed. 2d 395 (1969)Facts
Fortner Enterprises, Inc. sought financing to purchase and develop land in the Louisville, Kentucky area. U.S. Steel’s Credit Corporation agreed to provide loans totaling over $2 million, but required as a condition that Fortner purchase and erect prefabricated houses manufactured by U.S. Steel on each lot acquired with the loan proceeds. Fortner claimed that these prefabricated materials were supplied at unreasonably high prices and proved to be defective, causing delays and additional expenses. Fortner alleged that this arrangement constituted an illegal tying arrangement under the Sherman Act, as it was forced to purchase U.S. Steel’s houses to obtain the financing. The financing terms offered by U.S. Steel were allegedly unique and unusually advantageous, providing 100% financing for the land acquisition, which was not available from other lenders in the area during the 1959-1962 period.
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