United States v. Michigan Nat’l Corp., 419 U.S. 1 (1974)

United States v. Michigan National Corp.

No. 73-1737

Decided October 21, 1974
419 U.S. 1

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

Appellee bank holding company’s planned acquisition of additional banks was governed by both the Bank Holding Company Act requiring the Federal Reserve Board’s approval of the acquisition and the Bank Merger Act requiring the Comptroller of the Currency’s approval. Both statutes provide that an antitrust suit challenging a transaction approved by the designated agency must be brought within 30 days of such approval. Within 30 days after the Board had approved the planned acquisition, but before the Comptroller had acted, the Government brought a Clayton Act suit to enjoin the acquisition, which the District Court dismissed without prejudice, ruling that the Government should bring a new suit if and when the Comptroller approved the acquisition.

Held: The District Court erred in taking such action, but should stay the suit until the Comptroller acts. Such procedure will conserve judicial resources and fully protect both parties, and avoid possible prejudice to the Government, which by being required to wait for the Comptroller’s approval before filing suit would risk having complete relief barred by the time limitation of the Bank Holding Company Act.

Vacated and remanded.