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Media Advisory: July 11th, 2003

For Immediate Release
Nicholas Provenzo (703) 625-3296

CAC Asks Supreme Court to Grant No Special Favors to US Postal Service

Alexandria, VAThe Center for the Advancement of Capitalism (CAC) has called on the US Supreme Court to permit a private business to sue the US Postal Service under the antitrust laws. CAC’s views were expressed in an amicus curiae (friend of the court) brief filed Friday in the case captioned, United States Postal Service v. Flamingo.

“In its brief to the Court, CAC argued the US Postal Service's commercial activities warrant no special protection from antitrust,” said Nicholas Provenzo, Chairman of CAC. “In an ironic twist, given the Center's long-standing opposition to antitrust law, our organization supports a private business's right to sue the Postal Service. The only true coercive monopolies in America are entities such as the Post Office, which has its monopoly power grated to it by the state. Such government-created entities, in CAC's view, are the only legitimate targets of antitrust."

"There is a difference between the Postal Service's law enforcement mission in protecting the mail and its commercial activities," says Provenzo. "The Postal Service ought not to have license to run roughshod over commercial businessmen.”

"And while it would be nice if every American business could know under what circumstances their actions are 'anticompetitive,'" says Provenzo, "the reality is that antitrust laws are enforced according to a set of judicially- and executive-created doctrines which themselves are nothing more than a set of vague pronouncements. Antitrust law has never been well-defined by Congress, and the Postal Service is entitled to no greater degree of certainty than the average American business in this respect."

The brief can be accessed online at:

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The mission of the Center for the Advancement of Capitalism is to present to policymakers, the judiciary and the public analyses to assist in the identification and protection of the individual rights of the American people. The Center undertakes projects and activities central to a moral defense of laissez-faire capitalism.

Copyright © 2003 The Center for the Advancement of Capitalism
PO Box 16325
Alexandria, VA 22302-8325, USA
Voice: (703) 625-3296 · Fax: (703) 997-1433

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