American Stores Company and Subsidiaries - Page 10




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          answered the specific question before it stating:                           
               We are merely confronted with the naked question                       
               whether the District Court had the power to divest                     
               American of any part of its ownership interest in the                  
               acquired Lucky Stores, either by forbidding the                        
               exercise of the owner's normal right to integrate the                  
               operations of the two previously separate companies, or                
               by requiring it to sell certain assets located in                      
               California.  We hold that such a remedy is a form of                   
               “injunctive relief” within the meaning of section 16 of                
               the Clayton Act. * * *  [Id. at 296.]                                  
          The Supreme Court remanded the matter for further proceedings.              
          The Court of Appeals for the Ninth Circuit vacated part of its              
          earlier opinion and remanded the case to the District Court.                
               The preliminary injunction obtained by the State of                    
          California was modified on at least four occasions.  A                      
          modification filed with the District Court on November 7, 1989,             
          permitted American Stores to integrate specified northern                   
          California operations of Alpha Beta with specified northern                 
          California operations of Lucky Stores following a stipulated                
          divestiture of specified Alpha Beta assets.  American Stores                
          ultimately settled the dispute with the attorney general of                 
          California by entering into a stipulation for entry of consent              
          decree on May 16, 1990 (the California consent decree).  The                
          California consent decree did not require American Stores to                
          divest any of its Lucky Stores stock, and Lucky Stores remains a            
          wholly owned subsidiary of American Stores.  Instead, the                   
          California consent decree required American Stores to dispose of            
          approximately 152 of its 175 southern California Alpha Beta                 





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