Did the Supreme Court Fix “Brown Shoe”?
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.
Brown Shoe, merger, competition, SCOTUS, market regulation
Hovenkamp, Herbert J., "Did the Supreme Court Fix “Brown Shoe”?" (2023). Faculty Scholarship at Penn Carey Law. 3010.