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FTC v. Dean Foods Co.
(詳細は''FTC v. Dean Foods Co'' ), , is a 1966 decision of the United States Supreme Court holding that the Federal Trade Commission (FTC) may sue in federal court to obtain a preliminary injunction to maintain the status quo against the consummation of a merger that the agency persuasively contends violates the antitrust laws.
More broadly, the ''Dean Foods'' case stands for the proposition that a federal agency may, by invoking the "All Writs Act," seek equitable relief in federal court against a person's threatened action that will substantially interfere with the agency's performance of its statutory duty and thus adversely affect the relevant court's ability to review the agency's ultimate order with respect to the threatened action.
==Facts==
Dean Foods and Bowman Dairy, two substantial competitors in the sale of milk in the Chicago area, agreed to a merger. Dean was the second largest firm and Bowman the third or fourth, and together they accounted for 23% of milk sales in the area.〔See 384 U.S. at 602 ("()t the time of the merger, Dean was the third or fourth largest distributor of packaged milk in the Chicago area; Bowman was at least the second largest in that market, and together they enjoyed approximately 23% of the sales of packaged milk in the same area, while the four largest dairy companies had a 43% share thereof.").〕 The FTC filed an administrative complaint to prevent the merger and sought to maintain the status quo pending completion of administrative hearings by filing a petition with the United States Court of Appeals for the Seventh Circuit for a temporary restraining order and preliminary injunction under the All Writs Act.〔28 U.S.C. § 1651(a). The All Writs Act, part of the first Judiciary Act of 1789 and essentially unchanged since then, empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." 〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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