Federal Trade Commission v. Sysco Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating “[t]he more vendors we have, the more competitive ... the responses are going to be”
• recognizing the buyer’s “financial commitment” but still rejecting the proposed divestiture because the court was “not persuaded that” the buyer would “be able to step into [the 25 seller’s] shoes to maintain . . . the pre-merger level of competition”
• relying on customer relationship management and other data that did not capture customer responses to price
• finding merger simulation strengthened prima facie case despite imperfections in underlying data where result was qualitatively robust to other variations using more reliable data
• evidence of a merger’s likely price effects through economist’s merger simulation “strengthen[ed] the FTC’s prima facie case”
• “The FTC need not present market shares and HHI estimates with the precision of a NASA scientist. The ‘closest available approximation’ often will do.”

Source: CourtListener parenthetical corpus (CC0).