- 23 - The Supreme Court held: “the District Court had the power to divest American of any part of its ownership interests 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” under section 16 of the Clayton Act. Id. at 296. The claim of the State of California that gave rise to petitioner’s legal fees was an alleged violation of section 7 of the Clayton Act. That section prohibits the acquisition of stock or assets in another company if “the effect of such acquisition may be substantially to lessen competition, or tend to create a monopoly.” 15 U.S.C. sec. 18. The antitrust claim in the instant case involved American Stores’ right to acquire Lucky Stores. The legal fees incurred in the antitrust action arose out of, and were incurred in connection with, petitioner’s acquisition of Lucky Stores. Petitioner places great emphasis on the fact that legal title to all the Lucky Stores shares had passed before the antitrust litigation was commenced. In United States v. Hilton Hotels Corp., supra at 584, the Supreme Court noted that the prior passage of title in the underlying stock acquisition in question was “a distinction without a difference” in deciding whether costs of litigation arose out of the process ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011