United States v. Topco Associates, Inc./Concurrence Blackmun

by Harry Blackmun

[p612] MR. JUSTICE BLACKMUN concurring in the result.

The conclusion the Court reaches has his anomalous aspects, for surely, as the District Court's findings make clear, today's decision in the Government's favor will tend to stultify Topco members' competition with the great and larger chains. The bigs, therefore, should find it easier to get bigger and, as a consequence, reality [p613] seems at odds with the public interest. The per se rule, however, now appears to be so firmly established by the Court that, at this late date, I could not oppose it. Relief, if any is to be forthcoming, apparently must be by way of legislation.