Divestiture as a Remedy in Private Actions Brought Under Section 16 of the Clayton Act

Timmins, Paul V.

Journal: Michigan Law Review

Volume: 84

First Page: 1579

Year: 1986

Bluebook Citation: 84 MICH. L. REV. 1579 (1986)

Author: Paul V. Timmins: all 3 publications


Citation analytics

How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.

Cited
1
Citing decision
1
Courts citing
Most recently cited by1

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Abstract

This Note argues that private parties should be permitted to bring suits for divestiture under section 16 of the Clayton Act. Part I analyzes the language of section 16 and the relevant legislative history of the Clayton Act and concludes that Congress did not intend to limit the injunctive relief available to private parties. Part II argues that courts should be free to exercise their broad equity powers to grant the most appropriate and effective relief, including divestiture, to an injured plaintiff. Finally, Part III contends that policy considerations disfavor omitting divestiture from the types of equitable remedies that a court may grant in cases where a plaintiff has proven a violation of section 7 of the Clayton Act.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.