The U.S. Supreme Court case Atchison, Topeka & Santa Fe Railway Co. et al. v. Wichita Board of Trade et al., 1972, involved a dispute over the Interstate Commerce Act and its application to rail freight rates for transporting wheat from Kansas to Texas gulf ports versus those to interior points in Texas and Oklahoma. The Wichita Board of Trade claimed that these rates were discriminatory under the Act because they were higher than those charged for longer hauls to Gulf ports, which was detrimental to their business interests as grain merchants based in Kansas. The court ruled against the railway companies (Atchison, Topeka & Santa Fe Railway Co.), upholding an earlier decision by the Interstate Commerce Commission (ICC) that found such rate structures unjustly discriminatory per se under Section 1(5)(a) of the Act without requiring proof of anti-competitive intent or effect. This ruling affirmed ICC's authority in regulating railroad tariffs and underscored its role in preventing undue discrimination between shippers and places.

In the dissenting opinion for ATCHISON, TOPEKA & SANTA FE RAILWAY CO. et al. v. WICHITA BOARD OF TRADE et al., Justice Douglas argued that the majority's decision to allow a private organization (the Wichita Board of Trade) to set grain storage rates was an unconstitutional delegation of legislative power by Congress. He contended that this violated principles of separation of powers and democratic accountability as it allowed a non-governmental entity with vested interests in the outcome to make decisions affecting public policy without any oversight or control from elected officials or regulatory agencies. Furthermore, he expressed concern over potential anti-competitive practices and conflicts of interest arising from such arrangements, which could harm consumers and undermine market competition.