ANAGO, INC., a Texas Corporation, et al., Plaintiffs. Anago, Inc., a Texas Corporation, Plaintiff-Appellant, v. TECNOL MEDICAL PRODUCTS, INC., a Delaware Corporation, et al., Defendants, Tecnol Medical Products, Inc., a Delaware Corporation, Defendant-Appellee., 976 F.2d 248

Summary

Both plaintiff corporation and defendant corporation made disposable hospital supplies for American hospitals, and together they shared a large percentage of the market for such products. Defendant began efforts to buy plaintiff corporation and succeeded in purchasing all of its preferred stock. After reaching agreements to purchase the common stock of several shareholders of plaintiff, defendant publicly proposed a friendly merger. Plaintiff, seeking to defeat a takeover, sued defendant for violations of the Williams Act and moved for a preliminary injunction under the Clayton Act, 15 U.S.C.S. § 26. The district court denied both of the claims. Plaintiff appealed the denial of the preliminary injunction. Plaintiff claimed that a merger would decrease competition and that it would lose its independent decision making capability. The court upheld the district court on the grounds that the allegations of plaintiff did not present an antitrust injury warranting grant of the requested ...