Antitrust standing in private merger cases: reconciling private incentives and public enforcement goals.

From: Michigan Law Review | Date: October 1, 1995| Author: | Copyright information

Courts need to change the way the antitrust private right of action is interpreted because the narrowly drawn standing requirement that has been applied to merger cases has effectively barred all private enforcement. Courts are requiring private enforcers to show an actual antitrust injury despite the fact that injunctive actions regarding mergers are by nature prospective. To properly implement a system of enforcement that combines public and private action, the courts must be convinced that the incentives that competitors and takeover targets face in merger cases will not be perfect.

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