Facts
Dean Foods and Bowman Dairy, two substantial competitors in the sale of milk in the Chicago area, agreed to a merger. Dean was the second largest firm and Bowman the third or fourth, and together they accounted for 23% of sales in the area. The FTC filed an administrative complaint to prevent the merger and sought to maintain the status quo pending completion of administrative hearings by filing a petition with the United States Court of Appeals for the Seventh Circuit for a temporary restraining order and preliminary injunction under the All Writs Act
The FTC argued that injunctive relief was needed because otherwise, Dean would eliminate Bowman as a competitive entity by selling off its milk routes and its plants and equipment. This would prevent restoration of Dean as an effective competitor if the merger was found unlawful. The FTC maintained that such preemptive action by Dean would effectively deprive the court of appeals of its appellate jurisdiction to review the FTC’s final order because any order would be meaningless as a practical matter. The Seventh Circuit dismissed the petition on the ground that the FTC lacked authority to seek such relief since Congress had no passed any statute giving the FTC authority to seek a preliminary injunction. At that point Dean began closing Bowman down and eliminating it as a business.
Read more about this topic: Federal Trade Commission V. Dean Foods Co.
Famous quotes containing the word facts:
“Whilst Marx turned the Hegelian dialectic outwards, making it an instrument with which he could interpret the facts of history and so arrive at an objective science which insists on the translation of theory into action, Kierkegaard, on the other hand, turned the same instruments inwards, for the examination of his own soul or psychology, arriving at a subjective philosophy which involved him in the deepest pessimism and despair of action.”
—Sir Herbert Read (1893–1968)
“It is part of the educator’s responsibility to see equally to two things: First, that the problem grows out of the conditions of the experience being had in the present, and that it is within the range of the capacity of students; and, secondly, that it is such that it arouses in the learner an active quest for information and for production of new ideas. The new facts and new ideas thus obtained become the ground for further experiences in which new problems are presented.”
—John Dewey (1859–1952)
“These facts have always suggested to man the sublime creed that the world is not the product of manifold power, but of one will, of one mind; and that one mind is everywhere active, in each ray of the star, in each wavelet of the pool; and whatever opposes that will is everywhere balked and baffled, because things are made so, and not otherwise.”
—Ralph Waldo Emerson (1803–1882)