MERGERS: A More Permissive View

Writing eight years ago about antitrust cases that came before the Supreme Court, Justice Potter Stewart grumbled: "The sole consistency that I can find is that . . . the Government always wins." His implication was that the high court's liberal majority, then headed by Earl Warren, would strike down any corporate merger that federal trustbusters challenged on any grounds at all. Lately, however, the court, now including four conservative judges appointed by President Nixon, among them Chief Justice Warren Burger, has been shifting to a considerably more permissive view of mergers....

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