brunswick
pueblo
argued
november
decided
january
respondents
bowling
centers
three
distinct
markets
brought
antitrust
action
petitioner
one
two
largest
bowling
equipment
manufacturers
largest
operator
bowling
centers
claiming
petitioner
acquisitions
competing
bowling
centers
defaulted
payments
bowling
equipment
purchased
petitioner
might
substantially
lessen
competition
tend
create
monopoly
violation
clayton
act
respondents
sought
treble
damages
pursuant
act
well
injunctive
relief
trial
sought
prove
petitioner
size
capacity
lessen
competition
markets
entered
driving
smaller
competitors
business
establish
damages
respondents
attempted
show
petitioner
allowed
defaulting
centers
close
respondents
profits
increased
jury
returned
verdict
damages
favor
respondents
district
trebled
accordance
appeals
endorsing
legal
theories
upon
respondents
claim
based
reversed
case
remanded
proceedings
errors
trial
instructions
jury
concluded
properly
instructed
jury
found
giant
like
petitioner
entering
market
pygmies
might
lessen
horizontal
retail
competition
also
concluded
sufficient
evidence
permit
jury
find
petitioner
actions
acquired
centers
gone
business
held
jury
make
findings
respondents
entitled
damages
threefold
income
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petitioner
petition
certiorari
challenged
theory
appeals
approved
awarding
damages
held
plaintiffs
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action
recover
treble
damages
account
violations
must
prove
suffered
injury
causally
linked
illegal
presence
market
must
prove
injury
type
antitrust
laws
intended
prevent
flows
makes
defendants
acts
unlawful
injury
must
reflect
anticompetitive
effect
either
violation
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acts
made
possible
violation
pp
section
essentially
remedial
provision
recover
damages
respondents
must
prove
petitioner
violated
pp
congress
condemned
mergers
may
produce
anticompetitive
effects
yet
appeals
holding
merger
found
violate
dislocations
merger
caused
actionable
regardless
whether
dislocations
anything
reason
merger
condemned
acquisitions
unlawful
brought
deep
pocket
parent
market
pygmies
respondents
injury
unrelated
size
either
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company
competitors
suffered
identical
loss
without
recourse
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centers
secured
refinancing
bought
shallow
pocket
parent
pp
petitioner
entitled
fed
rule
civ
proc
judgment
damages
claim
notwithstanding
verdict
since
respondents
case
based
solely
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theory
rejected
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damages
ascribable
profits
received
acquired
centers
closed
since
respondents
shown
reason
require
new
trial
pp
respondents
remain
free
remand
seek
equitable
relief
marshall
delivered
opinion
unanimous
bernard
segal
argued
cause
petitioner
briefs
ira
tiger
joseph
tate
miles
seeley
thomas
mcneill
malcolm
hoffmann
argued
cause
respondents
brief
edward
woolley
john
endicott
john
swenson
filed
brief
purex
amicus
curiae
justice
marshall
delivered
opinion
case
raises
important
questions
concerning
antimerger
private
damages
action
provisions
clayton
antitrust
act
petitioner
one
two
largest
manufacturers
bowling
equipment
respondents
three
bowling
centers
owned
treadway
companies
inc
since
petitioner
acquired
operated
large
number
bowling
centers
including
six
markets
respondents
operate
respondents
instituted
action
contending
acquisitions
violated
various
provisions
antitrust
laws
late
bowling
industry
expanded
rapidly
petitioner
sales
lanes
automatic
pinsetters
ancillary
equipment
rose
accordingly
since
equipment
requires
major
capital
expenditure
lane
pinsetter
app
petitioner
sales
secured
credit
early
bowling
industry
went
sharp
decline
petitioner
sales
quickly
dropped
preboom
levels
moreover
petitioner
experienced
great
difficulty
collecting
money
owed
end
petitioner
accounts
days
delinquent
repossessions
rose
dramatically
attempts
sell
lease
repossessed
equipment
met
limited
success
petitioner
borrowed
close
finance
credit
sales
appeals
concluded
serious
financial
difficulty
nbo
industries
treadway
brunswick
meet
difficulty
petitioner
began
acquiring
operating
defaulting
bowling
centers
equipment
resold
positive
cash
flow
expected
operating
centers
seven
years
preceding
trial
case
petitioner
acquired
centers
either
disposed
closed
ibid
acquisitions
made
petitioner
far
largest
operator
bowling
centers
five
times
many
centers
next
largest
competitor
ibid
petitioner
net
worth
eight
times
greater
gross
revenue
seven
times
greater
total
next
largest
bowling
chains
app
nevertheless
petitioner
controlled
bowling
centers
issue
acquisitions
petitioner
three
markets
respondents
located
pueblo
poughkeepsie
paramus
petitioner
acquired
one
defaulting
center
pueblo
one
poughkeepsie
two
paramus
area
petitioner
acquired
third
defaulting
center
paramus
market
petitioner
acquired
fourth
petitioner
closed
poughkeepsie
center
three
years
unsuccessful
operation
paramus
center
acquired
also
proved
unsuccessful
march
petitioner
gave
notice
cease
operating
center
lease
expired
four
centers
operational
time
trial
respondents
initiated
action
june
alleging
inter
alia
acquisitions
might
substantially
lessen
competition
tend
create
monopoly
violation
clayton
act
respondents
sought
damages
pursuant
act
three
times
reasonably
expectable
profits
made
respondents
operation
bowling
centers
app
respondents
also
sought
divestiture
order
injunction
future
acquisitions
different
relief
might
appropriate
act
app
trial
held
spring
following
initial
mistrial
due
hung
jury
establish
violation
respondents
sought
prove
size
petitioner
capacity
lessen
competition
markets
entered
driving
smaller
competitors
business
establish
damages
respondents
attempted
show
petitioner
allowed
defaulting
centers
close
respondents
profits
increased
respondents
request
jury
instructed
accord
respondents
theory
nature
violation
basis
damages
jury
returned
verdict
favor
respondents
amount
represented
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estimate
respondents
additional
income
realized
acquired
centers
closed
required
law
district
trebled
damages
also
awarded
respondents
costs
attorneys
fees
totaling
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equity
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petitioner
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treadway
brunswick
supp
nj
petitioner
appealed
appeals
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upon
respondents
claim
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nbo
industries
treadway
brunswick
supra
found
properly
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jury
concluded
petitioner
giant
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entry
market
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might
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retail
competition
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market
accomplish
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equipment
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low
cost
sales
sustain
competition
longer
period
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favorable
credit
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sides
petitioned
writs
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petition
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theory
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jury
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acquisitions
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challenge
appeals
determination
evidence
support
finding
petitioner
acquired
centers
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business
respondents
income
increased
petitioner
questions
whether
antitrust
damages
available
sole
injury
alleged
competitors
continued
business
thereby
denying
respondents
anticipated
increase
market
shares
answer
question
necessary
examine
provisions
clayton
act
section
act
proscribes
mergers
whose
effect
may
substantially
lessen
competition
tend
create
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emphasis
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many
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prophylactic
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du
pont
de
nemours
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bank
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damages
also
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frequently
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perma
life
mufflers
international
parts
fortner
enterprises
steel
zenith
radio
hazeltine
research
hawaii
standard
oil
nevertheless
true
provision
makes
awards
available
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parties
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awards
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injury
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proof
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laws
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congress
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laws
consequences
well
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facts
case
acquisitions
unlawful
brought
deep
pocket
parent
market
pygmies
yet
respondents
injury
loss
income
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centers
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company
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centers
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insist
upon
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purpose
hawaii
standard
oil
attributing
intent
congress
find
expression
either
language
legislative
history
contrary
far
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loss
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profits
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centers
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recover
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damages
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must
prove
injury
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market
plaintiffs
must
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counts
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petitioner
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act
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prices
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supplies
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companies
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center
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bowling
league
pueblo
shifted
respondent
petitioner
petitioner
installed
faster
automatic
pinsetters
assuming
arguendo
installations
cost
justified
constituted
form
predation
respondents
still
made
attempt
quantify
loss