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COCA-COLA BOTTLING CO. OF THE SOUTHWEST v. F.T.C.

No. 94-41224.

85 F.3d 1139 (1996)

COCA-COLA BOTTLING COMPANY OF THE SOUTHWEST, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

June 10, 1996.

Attorney(s) appearing for the Case

Gregory, S.C. Huffman, David Sterling White, G. Luke Ashley, Thompson & Knight, Dallas, TX, for Petitioner.

Philip D. Bartz, Kenneth W. Irvin, Morrison & Foerster, Washington, DC, for Amicus Curiae Dr Pepper/Seven-Up.

Melvin H. Orlans, Donald S. Clark, Secretary FTC, Ernest Isenstadt, FTC, David C. Shonka, Washington, DC, for Respondent.

Before REAVLEY, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we review a divestiture order of the Federal Trade Commission. We must decide whether the Soft Drink Interbrand Competition Act of 1980, 15 U.S.C. § 3501-03, governs the antitrust legality of an exclusive territorial soft drink license previously held by a competing soft drink bottler that was a subsidiary of the licensor. The FTC seeks to undo a 1984 transaction in which the Dr Pepper Company, a manufacturer of soft...

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