The last four years have been busy years in shaping the future of antitrust. Beginning with Brown Shoe Co. v. United States, the Supreme Court has continually followed a policy of denying the right of viable companies to merge either vertically or horizontally. In line with these decisions, the Court has been forced to consider the effects of other forms of integration, such as exclusive dealing, joint venture and franchise, that might accomplish the same effect as the merger. On the other hand, the Court has been required to recognize that some forms of integration are helpful and useful to a competitive economy. Nevertheless, these cases have developed into a pattern which may become an effective check on both the growth of oligopoly and the exploitation of its potential.
Wallace M. Rudolph,
Rationale: The Foreclosure Doctrine,
46 Neb. L. Rev. 605
Available at: http://digitalcommons.unl.edu/nlr/vol46/iss3/4