Atomism and the Private Merger Challenge

78 Pages Posted: 28 Mar 2008  

Paul J. Stancil

Brigham Young University, J. Reuben Clark Law School

Date Written: 2005

Abstract

This Article explores the implications of allowing private parties to challenge mergers and acquisitions under the antitrust laws. It highlights a number of relatively recent developments in antitrust law that suggest an increase in private merger challenges in the future, and it identifies antiquated time of suit doctrines that may lead to inefficient and/or frivolous antimerger filings. It concludes by proposing several significant changes to the existing legal regime: (1) limited fee-shifting; (2) rigid time-of-suit deadlines; (3) single damages; and (4) limits on the use of postacquisition evidence to establish liability. Taken together, these reforms will allow private parties to vindicate the public interest without substantial risk of abuse or inefficient results.

Suggested Citation

Stancil, Paul J., Atomism and the Private Merger Challenge (2005). Temple Law Review, Vol. 78, No. 4, 2005; Illinois Public Law Research Paper No. 07-23. Available at SSRN: https://ssrn.com/abstract=1113894

Paul J. Stancil (Contact Author)

Brigham Young University, J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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