In the 1965 case Seaboard Air Line Railroad Co. et al. v. United States et al., the U.S Supreme Court dealt with a dispute over railroad freight rates in southern territories of the United States, specifically for goods transported from southeastern to southwestern states and vice versa. The Interstate Commerce Commission (ICC) had previously ordered an increase in these rates, which was challenged by several railroads including Seaboard Air Line Railroad Company on grounds that it violated antitrust laws and was discriminatory against them compared to other regions' railroads. However, the Supreme Court upheld ICC's decision stating that there were no violations of antitrust laws as ICC’s authority under Congress supersedes such concerns when setting reasonable freight rates; nor did they find any unjust discrimination against these southern railroads since rate differences between regions could be justified based on varying factors like distance or market conditions.

In the dissenting opinion for Seaboard Air Line Railroad Co. v. United States, Justice Harlan argued that the Interstate Commerce Commission (ICC) had overstepped its authority by ordering a merger of two railroad companies without considering whether it would be in the public interest to do so. He believed that Congress intended for mergers to only occur when they would serve a useful purpose and not simply because they were technically feasible or financially advantageous to the companies involved. Furthermore, he contended that such decisions should take into account potential negative impacts on competition within the industry as well as possible harm to small communities served by local rail lines which might be abandoned after consolidation. In his view, this case represented an unwarranted extension of regulatory power and set a dangerous precedent for future ICC actions.