United States v. Connecticut National Bank

Lewis F. Powell, Jr.:

The Connecticut National Bank case is another civil antitrust case brought under Section 7 of the Clayton Act.

Here the government challenged the validity of a proposed consolidation between the fourth and the eighth largest banks in Connecticut.

There was no significant direct competition and the government’s challenge is based solely on a potential-competition doctrine.

The District Court for Connecticut concluded that there was no violation of Antitrust Laws.

The government appealed the case directly to us under the Expediting Act.

As we think the District Court erred in its determination of the appropriate line of commerce and the relevant geographic market, we vacate and remand the case for reconsideration in light of our opinion today and the prior precedents of this Court.

All members of the Court would vacate and remand, but for different reasons.

Mr. Justice Douglas, Mr. Justice Brennan, Mr. Justice White and Mr. Justice Marshall joined in part one of the Court’s opinion which deals with appropriate line of commerce.

Mr. Justice White has filed an opinion concurring in this respect, but otherwise dissenting.

His opinion has been joined by Mr. Justice Douglas, Mr. Justice Brennan and Mr. Justice Marshall.

Warren E. Burger:

Thank you Mr. Justice Powell.