DeHoog v. Anheuser-Busch, No. 16-35912 (9th Cir. 2018)
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The Ninth Circuit affirmed the district court's dismissal of an action brought by consumers and purchasers of beer under section 7 of the Clayton Act, seeking to enjoin Anheuser-Busch from acquiring SAB. The DOJ required, as a condition of approving the transaction, that SAB divest entirely its domestic beer business.
The panel held that plaintiffs failed to state a claim under section 7, because the divestiture left SAB without a presence in the U.S. beer market and thus plaintiffs did not and could not plausibly allege that Annheuser-Busch's acquisition of SAB would substantially lessen competition in that market. The court also held that the district court did not abuse its discretion in dismissing the complaint with prejudice.
Court Description: Antitrust The panel affirmed the dismissal of an action brought under § 7 of the Clayton Act by consumers and purchasers of beer, seeking to enjoin Anheuser-Busch InBev, SA/NV, from acquiring SABMiller, plc. As a condition of approving the transaction, the U.S. Department of Justice required SABMiller to divest entirely its domestic beer business. Because the divestiture left SABMiller without a presence in the U.S. beer market, the consumers did not and could not plausibly allege that ABI’s acquisition of SABMiller would substantially lessen competition in that market. The panel held that the consumers therefore failed to state a claim under the Clayton Act.
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