The Supreme Court has ruled that the Justice Department is not required to base its complaint in bank merger suits on the Bank Merger Act of 1966 and that the burden is on the merging banks to show that the Act's standards clearly outweigh the merger's anticompetitive effects.
United States v. First City Natl. Bank of Houston, 87 Sup. Ct. 1088 (1967).
Joseph A. Murphy,
Antitrust - Money and Finance - Bank Merger Act of 1966 - Clayton Act,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol5/iss4/8