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Antitrust Keyed to Gavil, 5th Ed.
Brown Shoe Co. v. United States
Citation:
370 U.S. 294, 82 S. Ct. 1502, 8 L. Ed. 2d 510 (1962)Facts
In 1955, Brown Shoe Company, the nation’s fourth largest shoe manufacturer with about 4% of the national shoe production, sought to acquire G.R. Kinney Company, the nation’s eighth largest shoe seller and largest family-style shoe store chain. Brown operated over 1,230 retail outlets, while Kinney operated over 350 retail stores in more than 270 cities. Brown manufactured about 25.6 million pairs of shoes annually, while Kinney manufactured about 0.5% of the national shoe production and sold approximately 8 million pairs of shoes annually (about 1.6% of national sales). Prior to the merger, Kinney purchased no shoes from Brown, but within two years after the merger, Brown had become Kinney’s largest outside supplier. The shoe industry had been experiencing a trend toward vertical integration, with manufacturers acquiring retail outlets. The government challenged the merger under Section 7 of the Clayton Act, arguing it would substantially lessen competition in both the manufacturing and retailing of shoes.
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