Mergers and the Clayton Act

By David Dale Martin | Go to book overview

8. The 950 Amendment of Section 7: Its Implications

The Celler-Kefauver Amendment of the Clayton Act, like most other parts of the Federal antitrust statutes, is couched in general language, the meaning of which the Supreme Court must ultimately determine. Before such interpretation, it is possible to ascertain only within broad limits the implications of the legislation by analyzing the changes made in the language of Section 7 in the light of (1) the statements of Congressional intent found in the committee reports, (2) recent Supreme Court interpretations of related provisions of antitrust law, and (3) the record of administration of the new statute since 1950.


The Changes Made in the Wording of the Statute

The Celler-Kefauver amendment changed the wording of the original Section 7 by including asset acquisitions for corporations subject to the jurisdiction of the Federal Trade Commission, and by changing the standard of illegality. Also, several ancillary procedural revisions were made in the statute by changes in Section 11 as well as Section 7.

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