William O. Douglas

“ It is our job to further competition in private business and industry, and if we allow Samson and Delilah to merge we may be doing the consumer a disservice.'
The chairman of Samson protested vigorously that merging with Delilah would not stifle competition, but would help it. 'The public will be the true beneficiary of this merger,' he said. 'The larger we are, the more services we can perform, and the lower prices we can charge.'
The president of Delilah backed him up. 'In the Communist system the people don't have a choice. They must buy from the state. ”

“ All of this, taken in the context of a prima facie case, supports the proposition that Wisconsin is an identifiable 'section of the country' presenting impediments to the entry of new competitors and insulating those already within the market. In terms of antitrust consequences, this means that those already within such a local market can engage in oligopolistic pricing or other practices without a very real threat that brewers operating in other areas could easily, and within a reasonably short time, enter the Wisconsin market as effective competitors of those already entrenched there. ”

“ Indeed, in 1959 the Blatz brewery in Wisconsin was closed down, and Blatz beer was brewed in the four Pabst breweries, because 'decentralization' was considered more efficient. To the extent that it is true that local breweries have an advantage in terms of efficiency and thus cost, a significant barrier exists to brewers who wish to sell in Wisconsin but brew their beer in other areas of the country. ”

“ The record demonstrates a recognition in the industry that a successful sales program relies to a large extent on consumer recognition and preference for particular brands, and that this preference must be built up through intensive advertising and other promotional techniques. ”