Did the Supreme Court Fix “Brown Shoe”?

Authors

Herbert J. Hovenkamp, University of Pennsylvania Carey Law SchoolFollow

ORCID

Herbert Hovenkamp 0000-0002-4583-5162

Document Type

Article

Publication Date

5-12-2023

Abstract

The Supreme Court’s 1962 Brown Shoe decision, which found a merger to be anticompetitive even though it would have reduced prices for consumers, remains one of the most controversial precedents in merger case law. However, Herbert Hovenkamp writes that subsequent Supreme Court decisions enervated the 1962 decision, rendering Brown Shoe obsolete.

Keywords

Brown Shoe, merger, competition, SCOTUS, market regulation

Publication Title

ProMarket

Repository Citation

Hovenkamp, Herbert J., "Did the Supreme Court Fix “Brown Shoe”?" (2023). All Faculty Scholarship. 3010.
https://scholarship.law.upenn.edu/faculty_scholarship/3010