Alabama Power Co. v. Ickes
In Alabama Power Co. v. Ickes, 1938, 302 U.S. 464, 58 S.Ct. 300, 82 L.Ed. 374 (1938), Mr. Justice Sutherland, writing for the Court with meticulous care and completeness, reserved from the decision the question we now have.
The case presented a challenge to Government loans on the ground of the resultant competition to the Company.
The Court cautioned in the very beginning of the discussion of the point, 'If conspiracy or fraud or malice or coercion were involved a different case would be presented, but in their absence, plainly enough, the mere consummation of the loans and grants will not constitute an actionable wrong.