U.S. Postal Service v. Flamingo Industries
After the U.S. Postal Service (USPS) terminated Flamingo Industries' contract for making mail sacks, Flamingo sued under federal antitrust laws, claiming that the USPS and Mexican mail sack manufacturers had colluded to create an illegal monopoly. The district court dismissed the antitrust claim, finding that the USPS, as a government agency, immune from suit. The appeals court reversed, holding that Congress waived the sovereign status of the USPS in the 1970 Postal Reorganization Act, which allows the USPS to "sue and be sued in its official name." Additionally, the appeals court found that the USPS is a "person" and therefore can be sued under federal antitrust laws.
Question Presented:
Whether the U.S. Postal Service is a "person" amenable to suit under federal antitrust laws, which define person to include "corporations and associations existing under of authorized by" the laws
of the United States.
