Antitrust II - McDonald v. Johnson (and) Johnson: Standing in Private Antitrust Litigation
Loading...
Authors
Murphy, Mary Jo
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Standing to sue in antitrust cases is based on section of the Clayton Antitrust Act. That section provides in part that "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefore in any district court of the United States. . .and shall recover threefold the damages by him sustained ...." A literal reading of this statute is broad enough to encompass every harm that can be attributed directly or indirectly to the consequences of an antitrust violation. Consequently, the circuit courts have attempted to articulate a precise test to determine whether a party injured by an antitrust violation may recover treble damages. Some courts have focused on tests concerning the directness of the injury involved. Other courts look at the area of the economy the antitrust violation was aimed at, and still other courts have adopted variations of the foregoing. |The Supreme Court of the United States has recently developed a standard to provide uniformity in deciding this issue...
Description
Citation
17 Creighton L. Rev. 1187 (1983-1984)
Publisher
Creighton University School of Law