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Brown Shoe Co. v. United States | 82 S.Ct. 1502 (1962)
In an industry consisting of many manufacturers and many retailers, can the merger of only two firms tend to create a monopoly? The Supreme Court considered that question in Brown Shoe Company versus United States.
Brown, the nation’s fourth-largest shoe manufacturer, producing about 4 percent of the nation’s footwear, also owned or controlled over twelve hundred retail outlets. In 1955, Brown merged with G.R. Kinney Company, which operated four hundred stores in two hundred seventy cities. Kinney stores sold 1.6 percent of shoes sold nationwide. The United States sued, alleging that the merger violated the Clayton Act. The government established that production was scattered among many manufacturers, but a small number of manufacturers occupied a commanding position. Moreover, manufacturers had been acquiring retail outlets in vertical mergers. Once a manufacturer acquired a shoe store or outlet, that store sold more of that manufacturer’s shoes. Manufacturer-dominated stores were drying up available outlets for independent producers.
Despite Brown’s argument that the industry remained robust and competitive, the district court held that the merger violated the Clayton Act and ordered Brown to divest itself of all of Kinney’s stock and property. Brown appealed to the United States Supreme Court.
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