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California v. American Stores Co.

United States Supreme Court

495 U.S. 271 (1990)

Relevant factsFree

American Stores (defendant) completed a merger more than doubling its California supermarket presence; California (plaintiff), suing as a private antitrust plaintiff, argued the merger would harm consumers in dozens of cities and sought an injunction forcing American to divest the newly acquired stores. The district court ordered divestiture, but the court of appeals reversed, holding courts lacked authority to order that remedy under the relevant Clayton Act provision; California appealed.

IssueFree

Whether divestiture is a valid remedy for an anticompetitive merger under Section 16 of the Clayton Act, including where the merger has already been completed.

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