This Note will examine and criticize the perceived potential competition doctrine suggested by the Court. Then, it will discuss the questions raised in the concurrences concerning the use of subjective evidence and the role of incipient competitive effects. Finally, an alternative approach that focuses on the acquisition of or the possibility of acquiring small, "toehold" firms will be proposed.
Michigan Law Review,
United States v. Falstaff Brewing Corporation: Potential Competition Re-examined,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol72/iss4/5