Brown Shoe Company, Inc. v. United States (1961)
- Docket
- 4
- Decided
- 1961-01-01
- Category
- General
Summary
Question: Does the Brown/Kinney merger violate the Clayton Act? Conclusion: Yes. Chief Justice Earl Warren delivered the unanimous opinion of the court affirming the district court’s decision. The Supreme Court held that the district court’s judgment was final, despite the pending plan for divestiture. The Court also held that the district court's findings on the effect of the merger on competition were correct. Justice Tom C. Harlan wrote a concurrence, stating that the effect of the merger was much broader than the district court found. Justice John M. Harlan dissented in part, concurring in the judgment, but finding that the district court’s judgment was not final, so direct appeal was not proper. Justices Byron R. White and Felix Frankfurter did not participate.