William J. Brennan, Jr.

“ As a result of today's decision, certain questions under the antitrust laws are placed in the exclusive competence of the Board and will not be the subject of original court actions to enforce the antitrust laws. In effect, a pro tanto repeal of the antitrust laws is contemplated, since the law to be applied in Board proceedings under § 411 is based not upon the antitrust laws but upon the 'public interest' and 'competition to the extent necessary' standards of the Board's overall mandate. ”

“ The Court holds that the 'narrow questions presented by this complaint have been entrusted to the (Civil Aeronautics) Board and that the complaint should have been dismissed.' The ground of the decision is that the provisions for economic regulation in the Civil Aeronautics Act of 1938, which were reenacted without change in the Federal Aviation Act of 1958, displaced the Sherman Act insofar as 'all questions of injunctive relief against the division of territories or the allocation of routes or against combinations between common carriers and air carriers' is concerned. ”

“ Federal Power Comm'n, supra, we wrote: 'Immunity from the antitrust laws is not lightly implied. * * * We could not assume that Congress, having granted only a limited exemption from the antitrust laws, nonetheless granted an overall inclusive one. ”

“ A judicial order in the instant case would not affect a single route, but would simply free the process whereby routes are established and territories are divided from the obstructive effects of monopolistic tactics. Judicial enforcement of the Sherman Act here would thus remove the clog of monopolization from the administrative process-not disrupt that process. Cf. Georgia v. Pennsylvania R. Co., 324 U.S. 439, 65 S.Ct. 716, 89 L.Ed. 1051. The Court's reliance on Texas & Pac. R. Co. ”