Controlling the Competitor Plaintiff in Antitrust Litigation
13 Pages Posted: 30 May 2009
Date Written: May 29, 2009
This comment, published in 1992, responds to Edward A. Snyder & Thomas E. Kauper, Misuse of the Antitrust Laws: The Competitor Plaintiff, 90 Mich. L. Rev. 551 (1991). Snyder and Kauper argue that rivals of alleged offenders file baseless antitrust suits so frequently that rivals should be denied the right to sue entirely. We argue, however, that the antitrust injury doctrine, properly applied on a motion to dismiss or for summary judgment, provides a sufficient constraint on competitors' perverse incentives to bring lawsuits based on legitimate competitive harms.
Keywords: antitrust, antitrust injury, treble damages
JEL Classification: K21, K41, K42, L12
Suggested Citation: Suggested Citation