American Stores Antitrust And


The case that I found to write my report on was California versus American Stores Co. In a case argued January 16, 1990 before the Supreme Court of the United States of America, a decision was ruled on April 30, 1990, American Stores Co. tried to gain an advantage in the state marketplace by buying up remaining stock of the number one chain the state of California. Shortly after respondent American Stores Co., the fourth largest supermarket chain in California, acquired all of the outstanding stock of the largest chain, the State filed suit in the District Court alleging, inter alia, that the merger constituted an anticompetitive acquisition violative of 7 of the Clayton Act and would ...

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to rule in such a manner according to 16 of the Act to order "injunctive relief." The court relied on an previous decision in which the court had concluded on the basis of its reading of excerpts from subcommittee hearings that 16's draftsmen did not intend to authorize the remedies of "dissolution" or "divestiture" in private litigants' actions. Thus, held the court, the "indirect divestiture" effected by the preliminary injunction was impermissible.
The following was obtained directly from the website with url http://www.stolaf.edu/people/becker/antitrust/summaries/495us271.html
Divestiture is a form of "injunctive relief" authorized by 16. Pp. 278-296.
(a) The plain text of 16 -- which entitles "[a]ny person . . . to . . . have injunctive relief . . . against threatened loss or damage . . . when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity" -- authorizes ...

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the general reference to the standards that should be applied in fashioning injunctive relief. Section 16, construed to authorize a private divestitutre remedy, fits well in a statutory scheme that favors private enforcement, subjects mergers to searching scrutiny, and regards divestiture as the remedy best suited to redress the ills of an anticompetitive merger. Pp. 278-285.
(b) The legislative history does not require that _ 16 be construed narrowly. American's reliance on the subcommittee hearing excerpts cited by the Court of Appeals and on Graves v. Cambria Steel Co., 298 F. 761 -- each of which contains statements indicating that private suits for dissolution do not lie under 16 ...

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Added: 3/6/2006 10:17:22 PM
Category: World History
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