Premerger Notification Legislation: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, Eighty-sixth Congress, First Session, Pursuant to S. Res. 57, on S. 442 and S. 1005, Bills to Amend the Clayton Act, as Amended, by Requiring Prior Notification of Corporate Mergers and Acquisitions, and for Other PurposesU.S. Government Printing Office, 1959 - 183 pages |
Other editions - View all
Common terms and phrases
$1 million 60 days 85th Congress acquiring corporation acquisition of stock agency amendment American Waterways Operators Antitrust and Monopoly antitrust laws apply approval Association Attorney bank holding company BARDEEN BOYD Chairman CHUMBRIS Civil Aeronautics Board Clayton Act COLMAN Commerce Commission or Board consummated corporate mergers court D.C. DEAR SENATOR DEAR SENATOR KEFAUVER Declaratory Judgment Department of Justice DIXON economic effect enforcement ESTES KEFAUVER exemption Federal Trade Commission filed firm Government HALL injunction Judiciary Committee jurisdiction lessen competition March McCLURE McHUGH ment merger or acquisition mergers and acquisitions merging companies Monopoly Subcommittee notice number of mergers NYGREN paragraph partially developed mineral parties PAUL RAND PEEL percent premerger notification bill President prior notification production proposed merger Senate hearings Senator WILEY share capital specific statement stock or assets Subcommittee on Antitrust term partially developed tion transactions U.S. Senate undeveloped or partially violation waiting period Washington WOODLAND
Popular passages
Page 8 - This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation engaged in commerce from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning...
Page 3 - No corporation shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no corporation subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of (two) one or more corporations engaged in commerce, where in.
Page 6 - Commission shall acquire the whole or any part of the assets of another corporation engaged also in commerce, where in any line of commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly.
Page 103 - Whenever it shall appear to the court before which any proceeding under section four of this act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not ; and subpoenas to that end may be served in any district by the marshal thereof.
Page 3 - such stock by the voting or granting of proxies or otherwise, may be...
Page 5 - Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the Court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the Court may at any time...
Page 101 - Determination of the scope and constitutionality of legislation in advance of its immediate adverse effect in the context of a concrete case involves too remote and abstract an inquiry for the proper exercise of the judicial function.
Page 5 - Nothing contained in this section shall be held to affect or impair any right heretofore legally acquired : Provided, That nothing in this section shall be held or construed to authorize or make lawful anything heretofore prohibited or made illegal by the antitrust laws, nor to exempt any person from the penal provisions thereof or the civil remedies therein provided.
Page 6 - Any officer or employee of the commission who shall make public any information obtained by the commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court.
Page 101 - It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.