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Federal Trade Commission v. H.J. Heinz Co.

Denial of FTC's request for a preliminary injunction enjoining the consummation of a merger between Heinz and Beech-Nut reversed because the FTC demonstrated a likelihood of success in its suit brought pursuant to section 7 of the Clayton Act and because a weighing of the equities favored the FTC.

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Argued February 12, 2001

Opinion for the court filed by Circuit Judge Henderson.

On February 28, 2000 H.J. Heinz Company (Heinz) and Milnot Holding Corporation (Beech-Nut) entered into a merger agreement. The Federal Trade Commission (Commission or FTC) sought a preliminary injunction pursuant to section 13(b) of the Federal Trade Commission Act (FTCA), 15 U.S.C. � 53(b), to enjoin the consummation of the merger. The injunction was sought in aid of an FTC administrative proceeding which was subsequently instituted by complaint to challenge the merger as violative of, inter alia, section 7 of the Clayton Act, 15 U.S.C. � 18. The district court denied the preliminary injunction and the FTC appealed to this court. For the reasons set forth below, we reverse the district court and remand for entry of a preliminary injunction against Heinz and Beech-Nut.

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