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FTC v. CONSOLIDATED FOODS

No. 422.

380 U.S. 592 (1965)

FEDERAL TRADE COMMISSION v. CONSOLIDATED FOODS CORP.

Supreme Court of United States.

Decided April 28, 1965.

Attorney(s) appearing for the Case

Solicitor General Cox argued the cause for petitioner. With him on the brief were Assistant Attorney General Orrick, Nathan Lewin, Lionel Kestenbaum, James McI. Henderson and George R. Kucik.

Daniel Walker argued the cause for respondent. With him on the brief were Anderson A. Owen, Bruce Bromley, George B. Turner and Allen F. Maulsby.

Herbert Bruce Griswold filed a brief for Trabon Engineering Corp. et al., as amici curiae, urging reversal.

Thomas V. Koykka and Edward D. Crocker filed a brief for Eaton Manufacturing Co., as amicus curiae, urging affirmance.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The question presented involves an important construction and application of § 7 of the Clayton Act,1 38 Stat. 731, as amended, 15 U. S. C. § 18. Consolidated Foods Corp.—which owns food processing plants and a network of wholesale and retail food stores—acquired Gentry, Inc., in 1951. Gentry manufactures principally dehydrated onion and garlic. The Federal...

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