United States v. Radio Corporation of America/Concurrence Harlan

Mr. Justice HARLAN concurs in the result, believing, as he understands part 'I' of the Court's opinion to hold, that a Commission determination of 'public interest, convenience, and necessity' cannot either constitute a binding adjudication upon any antitrust issues that may be involved in the Commission's proceeding or serve to exempt a licensee pro tanto from the antitrust laws, and that these considerations alone are dispositive of this appeal.

Mr. Justice FRANKFURTER and Mr. Justice DOUGLAS took no part in the consideration or decision of this case.