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Ginsburg v. InBev NV/SA

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Submitted: April 14, 2010

Before WOLLMAN, BRIGHT, and LOKEN, Circuit Judges.

Plaintiffs are Missouri beer consumers suing to enjoin the now-consummated acquisition of Anheuser-Busch Companies, Inc. (“A-B”), by InBev NV/SA (“InBev”) on the ground that the transaction violated Section 7 of the Clayton Act, 15 U.S.C. § 18. Relying on the potential competition theories of § 7 liability, Plaintiffs allege that the merger threatens to reduce competition and increase beer prices in the United States because it eliminates InBev, the largest brewer and seller of imported beers, as an actual and a perceived potential competitor in the U.S. market. Having failed to obtain a preliminary injunction, Plaintiffs now seek divestiture as equitable relief under Section 16 of the Clayton Act, 15 U.S.C. § 26. The district court*fn1 granted Defendants judgment on the pleadings. We affirm.

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