Article Title

How to Win a Merger Case in the Supreme Court

Publication Title

Washington University Law Quarterly


For over twenty years, antitrust lawyers who defend corporate mergers have been searching for a practical answer to the question “How can a merger case be won in the Supreme Court under section 7 of the Clayton Act?” Happily, the first successful object lessons in this field have finally been provided in two recent United States Supreme Court decisions, United States v. General Dynamics Corp., which sustained General Dynamics acquisition of the United Electric Coal Company, and United States v. Marine Bancorporation, Inc., which sustained Marine Bancorporation’s acquisition of the Washington Trust Bank of Spokane.