R.C. BIGELOW, INC. v. UNILEVER N.V.

Civ. No. B-88-299(JAC).

689 F.Supp. 76 (1988)

R.C. BIGELOW, INC. v. UNILEVER N.V., Thomas J. Lipton, Inc., Celestial Seasonings, Inc. and Kraft, Inc.

United States District Court, D. Connecticut.

June 15, 1988.


Attorney(s) appearing for the Case

Paul Windels, Jr., Anthony A. Dean, Windels, Marx, Davies & Ives, New York City, for plaintiff.

Richard Orr, Tyler Cooper & Alcorn, New Haven, Conn., for defendants Thomas J. Lipton, Inc., Celestial Seasonings, Inc. and Kraft, Inc.

Richard J. Wertheimer, Arnold & Porter, Washington, D.C., for defendant Thomas J. Lipton, Inc.

Tefft W. Smith, Kirkland & Ellis, Chicago, Ill., for defendants Celestial Seasonings, Inc. and Kraft, Inc.


RULING ON MOTION FOR SUMMARY JUDGMENT

JOSÉ A. CABRANES, District Judge:

Plaintiff R.C. Bigelow, Inc. ("Bigelow"), the nation's third largest producer of herbal tea, seeks to enjoin a proposed merger of the two largest producers of herbal tea in the country. The question presented is whether Bigelow has made a sufficient showing of "antitrust injury" to establish standing under section 16 of the Clayton Act, 15 U.S.C. § 26.

Bigelow brings...

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