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Antitrust Keyed to Sullivan, 8th Ed.
United States v. Continental Can Co.
Citation:
378 U.S. 441 (1964)Facts
In 1956, Continental Can Company, the second largest metal container producer with 33% market share and $382 million in assets, acquired all assets of Hazel-Atlas Glass Company, the third largest glass container manufacturer with 9.6% market share and over $37 million in assets. The metal and glass container industries exhibited substantial interindustry competition across numerous end uses including beer, soft drinks, baby food, and various food and chemical products. Both industries were highly concentrated, with the top firms controlling approximately 71% of metal containers and 55.4% of glass containers. Continental and Hazel-Atlas actively competed through product innovation, pricing strategies, and marketing campaigns designed to capture market share from the competing industry. The District Court dismissed the Government’s complaint after finding insufficient proof of anticompetitive effects.
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