Midcon Corp. v. Freeport-McMoran, Inc.
United States District Court for the Northern District of Illinois
625 F. Supp. 1475 (1986)
Freeport-McMoran and other natural gas producers (defendants) made a tender offer to acquire Midcon Corp. (plaintiff), a natural-gas pipeline owner whose subsidiaries also produced gas in amounts comparable to defendants' own production. Midcon sought a preliminary injunction under the Clayton Act, arguing the acquisition would let defendants favor their own gas supply through Midcon's pipelines and raise prices to the market's detriment; Midcon's witnesses testified about the opportunity for such favoritism, but Midcon presented no evidence defendants had ever actually attempted above-market sales contracts.
Whether a preliminary injunction should be granted where the plaintiff is unlikely to succeed on the merits and other factors, such as the extent of harm and impact on the public interest, are equivalent for both parties.