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CONSOLIDATED GOLD FIELDS PLC v. MINORCO, S.A.

No. 641, Dockets 88-7932, 88-7944.

871 F.2d 252 (1989)

CONSOLIDATED GOLD FIELDS PLC, Gold Fields Mining Corporation, Plaintiffs-Appellees-Cross-Appellants, Newmont Mining Corporation, Newmont Gold Company, Plaintiffs-Appellees, v. MINORCO, S.A., Defendant-Appellant-Cross-Appellee, Anglo American Corporation of South Africa Limited and De Beers Consolidated Mines Limited, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 22, 1989.

Attorney(s) appearing for the Case

Jeremy G. Epstein, New York City (Shearman & Sterling, New York City, on the brief), for defendant-appellant-cross-appellee.

Lewis A. Kaplan, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for plaintiffs-appellees-cross-appellants Consolidated Gold Fields PLC and Gold Fields Mining Corp.

Richard J. Holwell, New York City (White & Case, New York City, on the brief), for plaintiffs-appellees Newmont Mining Corp. and Newmont Gold Co.

(Daniel L. Goelzer, Gen. Counsel, Jacob H. Stillman, Assoc. Gen. Counsel, Thomas L. Riesenberg, Senior Special Counsel, Catherine A. Broderick, Counsel to Asst. Gen. Counsel, Anne H. Sullivan, Paul Gonson, Solicitor, Wash., D.C., filed an amicus curiae brief for the Securities & Exchange Commission.)

Before FEINBERG, NEWMAN, and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The primary issue on this appeal is whether the target of a takeover and entities controlled by a target can demonstrate a threat of "antitrust injury" sufficient to confer standing to seek injunctive relief under section 16 of the Clayton Act against a takeover alleged to violate section 7 of the Act, 15 U.S.C. §§ 18, 26 (1982). Also at issue is the extent to which an American court may apply the anti-fraud provisions of American...

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