Purex Corporation, Ltd., a Corporation v. The Procter & Gamble Company, a Corporation

In August, 1957, The Procter & Gamble Company acquired the Clorox Chemical Company. On September 30, 1957, the Federal Trade Commission instituted a proceeding against Procter charging that the acquisition tended to lessen competition and therefore violated Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18 . The Commission held that the acquisition violated Section 7. 63 F.T.C. 1465 (1963). On review, the Court of Appeals for the Sixth Circuit set aside the Commission’s order as not supported by substantial evidence. Procter & Gamble Co. v. F.T.C., 6 Cir., 1966, 358 F.2d 74 . The Supreme Court reinstated the Commission’s order. F.T.C. v. Proc ter & Gamble Co., 1967, 386 U.S. 568 , 87 S.Ct. 1224 , 18 L.Ed.2d 303 .

This appeal arises in a private antitrust action brought by Purex Corporation, Ltd. against Procter. Purex claims that the acquisition of Clorox by Procter and the conduct of the Clorox business during the period of Procter’s ownership violated Section 7 of the Clayton Act and Sections 1 and 2 of the Sherman Act, and that as a result of these unlawful acts it has suffered large damages. Purex further claims that Section 5(a) of the Clayton Act, 15 U.S.C. § 16 (a)…