Washington Law Review




Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme Court which reversed and held: The FTC has the power to seek preliminary injunctions in the courts of appeals which, under authority of the All Writs Act, may issue orders maintaining the status quo while Commission proceedings are in progress involving probable violations of section 7 of the Clayton Act. FTC v. Dean Foods Co., 384 U.S. 597 (1966).

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