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NEW YORK v. KRAFT GEN. FOODS

February 22, 1995

STATE OF NEW YORK, Plaintiff, against KRAFT GENERAL FOODS, INC., NABISCO CEREALS, INC., NABISCO, INC., PHILIP MORRIS COMPANIES INC., RJR NABISCO HOLDINGS CORP., and RJR NABISCO INC., Defendants.


The opinion of the court was delivered by: WOOD

 TABLE OF CONTENTS

 FINDINGS OF FACT

 I. Relevant Market Definition

 
A. Industry Overview
 
B. Relevant Geographic Market
 
C. Relevant Product Market
 
1. Consumer Dynamics
 
2. Retail Customer Perspectives
 
3. Competition From Products in Other Product Categories
 
4. Supply-Side Considerations
 
5. Conclusion: the Relevant Product Market Is All RTE Cereals

 II. Market Share Measurement

 
A. Actual Shares of Market in 1992
 
B. Measurement of Nabisco Share
 
1. Nabisco was in decline before its acquisition by KKR
 
2. Shift in Consumer Preferences
 
a. Oat bran craze
 
b. Taste enhanced cereals
 
3. Lack of effective advertising and distribution
 
4. Lack of full line of products
 
5. Harvest strategy
 
a. "Harvest" limited to marginal brands
 
b. Nabisco continued to support Nabisco
 
Shredded Wheat
 
i. Defense against Kellogg
 
ii. Trade and consumer promotion spending
 
iii. Reformulation of Spoon Size
 
iv. Transfer of RTE cereal to the Biscuit Division
 
a. Dissatisfaction of lapsed users
 
b. Plaintiff's erroneous assumptions
 
c. Market share increase due to introduction of new cereals
 
7. Conclusion: Nabisco's 1992 market share accurately reflects its competitive significance

 III. Likelihood that the Acquisition Will Produce Anticompetitive Coordinated Effects

 
A. Dimensions of Competition
 
1. There is No Evidence of Close Coordination in Price
 
2. Rubinfeld Pricing Analysis
 
3. Retailers' Buying and Pricing Behavior
 
4. Consumer ...

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