|
|
United States v. Falstaff Brewing Corp., 410 U.S. 526 (1973)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Falstaff Brewing Corp., 410 U.S. 526 (1973)
United States v. Falstaff Brewing Corp. No. 71-873 Argued October 17, 1972 Decided February 28, 1973 410 U.S. 526
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
Syllabus
Respondent Falstaff, the Nation’s fourth largest beer producer, which was desirous of achieving national status, agreed to acquire the largest seller of beer in the New England market rather than enter de novo. The District Court dismissed the Government’s resultant suit charging violation of § 7 of the Clayton Act, finding that entry by acquisition, which the court found was the only way that respondent intended to penetrate the New England market, would not result in a substantial lessening of competition.
Held: The District Court erred in assuming that, because respondent would not have entered the market de novo, it could not be considered a potential competitor. The court should have considered whether respondent was a potential competitor in the sense that its position on the edge of the market exerted a beneficial influence on the market’s competitive conditions. Pp. 531-538.
332 F.Supp. 970, reversed and remanded.
WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACKMUN, J., joined, and in Part I of which DOUGLAS, J., joined. DOUGLAS, J., filed an opinion concurring in part, post, p. 538. MARSHALL, J., filed an opinion concurring in the result, post p. 545. REHNQUIST, J., filed a dissenting opinion, in which STEWART, J., joined, post, p. 572. BRENNAN, J., took no part in the decision of the case. POWELL, J., took no part in the consideration or decision of the case.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Falstaff Brewing Corp., 410 U.S. 526 (1973) in 410 U.S. 526 410 U.S. 527. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QJFTS57E9D8TUQM.
MLA: U.S. Supreme Court. "Syllabus." United States v. Falstaff Brewing Corp., 410 U.S. 526 (1973), in 410 U.S. 526, page 410 U.S. 527. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QJFTS57E9D8TUQM.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Falstaff Brewing Corp., 410 U.S. 526 (1973). cited in 1973, 410 U.S. 526, pp.410 U.S. 527. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QJFTS57E9D8TUQM.
|