John Marshall Harlan II

“ More precisely, it does not, as the majority seems to think, entail the conclusion that wherever 'meaningful competition' exists, a 'line of commerce' is to be found. The Court declares the initial question of this case to be 'whether the admitted competition between metal and glass containers for uses other than packaging beer was of the type and quality deserving of § 7 protection and therefore the basis for defining a relevant product market.' Ante, p. ”

“ In such a case, the legality of the merger must surely depend, as it did below, on an inquiry into competitive effects in the actual lines of commerce which are involved. In this case, the result depends-or should depend-on the impact of the merger in the two lines of commerce here involved: the metal container industry and the glass container industry. [12] As the findings of the District Court which are quoted above make plain, reference to these two actual lines of commerce does not preclude protection of inter-industry competition. ”

“ Metal can, glass container and plastic container manufacturers were each seeking to enlarge their sales to the thousands of packers of hundreds of varieties of food, chemical, toiletry and industrial products, ranging from ripe olives to fruit juices to tuna fish to smoked tongue ”

“ Having found that there is 'interindustry competition between glass and metal containers' the Court concludes that 'the combined glass and metal container industries' is the relevant line of commerce or 'product market' in which anticompetitive effects must be measured. Ante, p. 457. Applying that premise, the Court then notes Continental's 'dominant position' in the metal can industry, ante, p. 458, and finds that Continental has a 'major position' in the 'relevant product market-the combined metal and glass container industries,' ante, p. ”

“ In the light of the record and of the competitive realities, the notion that it was likely to cease being an innovator in either line is patently absurd.' 217 F.Supp., at 790 (footnote omitted) . (Emphasis added.) ”

“ The test which the Government advocates is that it 'can satisfy its burden of showing that the merger may have the effect of substantially lessening competition by proving (a) the existence of substantial competition between two industries; (b) a high degree of concentration in either or both of the competing industries ”