...given merger to determine whether it may "substantially" lessen competition or tend toward monopoly, Congress indicated plainly that a merger had to be...viewed, in the context of its particular industry. [Emphasis added, footnote omitted.] With respect to the relevant product market, Novo contends that...

...given merger to determine whether it may "substantially" lessen competition or tend toward monopoly, Congress indicated plainly that a merger had to be...functionally viewed, in the context of its particular MThe House Report on HR 2734 stated that two tests of illegality were included in the proposed Act:...

..."properly be taken into account" in determining the probable competitive effect. It declared : • • Congress indicated plainly that a merger had to be...viewed, in the context of its particular industry. That is whether the consolidation was to take place in an industry that was fragmented rather than...

...cases." In its earlier holding in the Brown Shoe case, supra, at 322 n.38, the Court also recognized that "[statistics reflecting the shares of the market controlled by the industry leaders and the parties are, of course, the primary index of market power * * *." 15. It is true that in Brown Shoe the Court,...

...centripetal effect of acquisitions by large corporations, none of which by itself might be sufficient 14'[A] merger had to be functionally viewed. In the context of Its particular Industry." Brown Shoe Co. v. United States, 370 DS, at 321-322. "[B]oth the Federal Trade Commission and the courts...

...effect of" acquisitions by large corporations, none of which by itself might be sufficient 1"[A] mercer had to be functionally viewed, in the context of Its particular industry." Brown Shoe Co. v. United States, 370 US, at 321-322. "[B]oth the Federal Trade Commission and the courts...

...horizontal mergers have emphasized the degree of market concentration and the merging firms' shares. "Statistics reflecting the shares of the market controlled...industry leaders and the parties to the merger are * * * the primary index of market power.* * *" Brown Shoe Co. v. United States, 370 US 294, 322, n.38...

...States, 370 US 294, 322 n.38, 82 S. Ct. 1502, 8 L. Ed.2d 510 (1962) (stating also that "[sjtatistics reflecting the shares of the market controlled by...are, of course, the primary index of market power"). See also. United States v. General Dynamics Corp.. 415 US 486, 94 S. Ct. 1 186, 39 L. Ed.2d 530 (1974),...

...any particular tests for assessing a merger's effects, and the Court's own prescription was vague: Congress indicated plainly that a merger had to be...viewed, in the context of its particular industry. That is, whether the consolidation was to take place in an industry that was fragmented rather than...

...determining when a merger's effect 'may be substantially to lessen competition'. Rather, the Court stated that a merger had to be 'functionally viewed' in the context of its industry, with all factors examined.25 The following year, however, the Court decided the landmark...