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Antitrust Keyed to Sullivan, 8th Ed.
Federal Trade Commission v. H.J. Heinz Co.
Citation:
246 F.3d 708 (2001)Facts
The domestic jarred baby food market consisted of three major competitors: Gerber with 65% market share and unparalleled brand recognition, Heinz with 17.4% share positioning itself as a value brand, and Beech-Nut with 15.4% share marketing as a premium brand. The market generated $865 million to $1 billion annually. Heinz and Beech-Nut engaged in vigorous wholesale competition for the “second position” on supermarket shelves through fixed trade spending (slotting fees) and variable trade spending (discounts and allowances). Gerber, with superior brand loyalty, did not pay slotting fees. The proposed merger would combine Heinz and Beech-Nut, creating a firm with approximately 33% market share in a highly concentrated market with an HHI of 4775, increasing concentration by 510 points. High barriers to entry existed, with no significant new entrants in decades. The district court found the merger would increase competition and denied preliminary injunctive relief, but the appellate court disagreed.
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