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FINNEGAN v. CAMPEAU CORP.

No. 89 Civ. 1130 (CSH).

722 F.Supp. 1114 (1989)

Michael FINNEGAN, on behalf of himself and all others similarly situated, Plaintiff, v. CAMPEAU CORP., a corporation, R.H. Macy & Co., Inc., a corporation and Macy Acquiring Corp., a corporation, Defendant.

United States District Court, S.D. New York.

October 17, 1989.

Attorney(s) appearing for the Case

Wechsler, Skirnick, Harwood, Halebian & Feffer, New York City (Robert A. Skirnick, of counsel), Specks & Goldberg, Chicago, Ill. (Perry Goldberg, of counsel), Saveri & Saveri, San Francisco, Cal. (Guido Saveri, of counsel), Hallisey & Johnson, San Francisco, Cal. (Jeremiah F. Hallisey, of counsel), Gene Mesh & Associates, Cincinnati, Ohio (Gene I. Mesh, of counsel), for plaintiff.

Weil, Gotshal & Manges, New York City (Helene D. Jaffe, Harris J. Yale, Judith M. Yellin, of counsel), for defendant R.H. Macy & Co., Inc.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This motion under Rule 12(b)(6), F.R. Civ.P., poses the issue of whether a shareholder of a target company, disappointed by an agreement between two rival bidders to cease their competition and cooperate in the target's acquisition, may state a claim against the erstwhile competitors under the antitrust laws.

I.

In his complaint plaintiff...

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