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CALIFORNIA v. AMERICAN STORES CO.,

No. 89-258.

495 U.S. 271 (1990)

110 S.Ct. 1853

109 L.Ed.2d 240

CALIFORNIA v. AMERICAN STORES CO. ET AL.

Supreme Court of United States.

Decided April 30, 1990

Attorney(s) appearing for the Case

H. Chester Horn, Jr., Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were John K. Van de Kamp, Attorney General, Andrea Sheridan Ordin, Chief Assistant Attorney General, Michael J. Strumwasser, Special Assistant Attorney General, Sanford N. Gruskin, Assistant Attorney General, and Lawrence R. Tapper and Ernest Martinez, Deputy Attorneys General.

Rex E. Lee argued the cause for respondents. With him on the brief were Carter G. Phillips, Mark D. Hopson, Donald B. Holbrook, and Kent T. Anderson.*

JUSTICE STEVENS delivered the opinion of the Court.

By merging with a major competitor, American Stores Co. (American) more than doubled the number of supermarkets that it owns in California. The State sued, claiming that the merger violates the federal antitrust laws and will harm consumers in 62 California cities. The complaint prayed for a preliminary injunction requiring American to operate the acquired stores separately...

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