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GINSBURG v. INBEV NV/SA

No. 09-2990.

623 F.3d 1229 (2010)

Marty GINSBURG, et al., Plaintiffs-Appellants, v. INBEV NV/SA; Anheuser-Busch Companies, Inc.; Anheuser-Busch, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2010.

Attorney(s) appearing for the Case

Joseph M. Alioto, Jr., argued, Joseph M. Alioto, Sr., Theresa D. Moore, Thomas P. Pier, San Francisco, CA, Theodore F. Schwartz, Kenneth R. Schwartz, Clayton, MO, Daniel R. Shulman, Minneapolis, MN, Gilmur R. Murray, Derek G. Howard, Larkspur, CA, on the brief, for Plaintiffs-Appellants.

Peter E. Moll, argued, Washington, DC, James F. Bennett, Erika Anderson, St. Louis, MO, Brian D. Wallach, Stephen Weismann, Washington, DC, on the brief, for Defendants-Appellees.

Before WOLLMAN, BRIGHT, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Plaintiffs are Missouri beer consumers suing to enjoin the now-consummated acquisition of Anheuser-Busch Companies, Inc. ("A-B"), by InBev NV/SA ("InBev") on the ground that the transaction violated Section 7 of the Clayton Act, 15 U.S.C. § 18. Relying on the potential competition theories of § 7 liability, Plaintiffs allege that the merger threatens to reduce competition and increase beer prices in the United States because it eliminates...

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