American Stores Antitrust And

Want to read the rest of this paper? Join Essayworld today to view this entire essay and over 50,000 other term papers

to rule in such a manner according to � 16 of the Act to order "injunctive relief." The court relied on an previous decision in which the court had concluded on the basis of its reading of excerpts from subcommittee hearings that � 16's draftsmen did not intend to authorize the remedies of "dissolution" or "divestiture" in private litigants' actions. Thus, held the court, the "indirect divestiture" effected by the preliminary injunction was impermissible.
The following was obtained directly from the website with url http://www.stolaf.edu/people/becker/antitrust/summaries/495us271.html
Divestiture is a form of "injunctive relief" authorized by � 16. Pp. 278-296.
(a) The plain text of � 16 -- which entitles "[a]ny person . . . to . . . have injunctive relief . . . against threatened loss or damage . . . when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity" -- authorizes ...

Get instant access to over 50,000 essays. Write better papers. Get better grades. Already a member? Login

the general reference to the standards that should be applied in fashioning injunctive relief. Section 16, construed to authorize a private divestitutre remedy, fits well in a statutory scheme that favors private enforcement, subjects mergers to searching scrutiny, and regards divestiture as the remedy best suited to redress the ills of an anticompetitive merger. Pp. 278-285.
(b) The legislative history does not require that _ 16 be construed narrowly. American's reliance on the subcommittee hearing excerpts cited by the Court of Appeals and on Graves v. Cambria Steel Co., 298 F. 761 -- each of which contains statements indicating that private suits for dissolution do not lie under � 16 ...

Succeed in your coursework without stepping into a library. Get access to a growing library of notes, book reports, and research papers in 2 minutes or less.

CITE THIS PAGE: