FEDERAL TRADE COM'N v. ELDERS GRAIN, INC.

Nos. 88-2493, 88-2494.

868 F.2d 901 (1989)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. ELDERS GRAIN, INC. and Illinois Cereal Mills, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 1989.


Attorney(s) appearing for the Case

James H. Sneed, Eugene J. Meigher, Arent, Fox, Kintner, Poltkin & Kahn, Washington, D.C., for defendants-appellants.

David C. Shonka, Federal Trade Com'n, Washington, D.C., for plaintiff-appellee.

Before POSNER and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


POSNER, Circuit Judge.

The parties to an acquisition appeal from a preliminary injunction, issued upon the application of the Federal Trade Commission, that ordered them to rescind the acquisition pending administrative proceedings to determine whether it violates section 7 of the Clayton Act, as amended, 15 U.S.C. § 18. Section 7 forbids corporate acquisitions that may lessen competition substantially or tend to create a monopoly. The appeals raise antitrust...

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