Law Commons^™

Recent Cases, Michael D. Kelly, Robert D. Tuke

Vanderbilt Law Review

Antitrust Law--Clayton Act--Statistics of Market Concentration and Increased Market Share are Insufficient to Show Violation of Section 7 When Other Factors Mandate a Conclusion that Competition will not be Substantially Lessened by the Contested Acquisition --

Preservation of a large number of marginal competitors does not necessarily result in the optimum level of competition, and size per se is not illegal' and should not be equated with anticompetitive effect. Seemingly, the competitive objectives of antimerger law have been infused with a theory characterized by socio-political feelings of hostility towards large, integrated corporations contrasted with friendliness toward small, independent business units …