Appellate Court Review of Commission Actions
Competition Mission
Competition Mission (Summary)
| Title | Number | Action Date | Type of Matter | Product/Service |
| Coca-Cola Bottling Company of the Southwest | D9215 | 09/10/96 | Horizontal Merger | Carbonated Soft Drinks |
| Freeman Hospital | D9273 | 11/30/95 | Horizontal Merger | Inpatient Hospital Services |
Competition Mission (Detail)
Coca-Cola Bottling Company of the Southwest; Dr Pepper/Seven-Up Company
The Commission dismissed its complaint against Coca-Cola Bottling Company of the Southwest after the U.S. Court of Appeals for the Fifth Circuit ruled that the competitive effects of the 1984 acquisition of a San Antonio, Texas, area Dr Pepper franchise should have been reviewed under the Soft Drink Interbrand Competition Act of 1980 rather than the Clayton Act. The Commission said that, while it disagreed with the court decision, the circumstances underlying the court's decision were not likely to apply in future cases involving an acquisition of soft drink bottlers.
Freeman Hospital; Tri-State Osteopathic Hospital Association, Inc. (d/b/a Oak Hill Hospital)
The Commission determined not to pursue the administrative litigation and dismissed the complaint that challenged the merger of the second and third largest acute care hospitals in the Joplin, Missouri, metropolitan area. The complaint alleged that the merger of Freeman and Oak Hill Hospitals would substantially reduce competition and raise prices for inpatient acute care hospital services in the area. The hospitals consummated the merger after the U.S. Court of Appeals for the Eighth Circuit denied the Commission's motion for a preliminary injunction. The decision to end the administrative proceedings was made in accordance with a 1995 policy statement pursuant to which the Commission evaluates on a case-by-case basis whether to pursue administrative litigation after the denial of a preliminary injunction.