Section 7 of the Clayton Act as a Basis for the Treble-Damage Action: When May the Private Litigant Bring His Suit

Abstract

IN THE LAST DECADE the number of private antitrust suits has more than doubled,' a trend which is not likely to be reversed. The large majority of such actions have in the past been based upon alleged violations of sections I and 2 of the Sherman Act, which prohibit contracts, combinations or conspiracies in restraint of trade, and monopolization of trade.2 The future, however, may well witness an increase in the number of private actions having as their genesis alleged violations of section 7 of the Clayton Act, which proscribes mergers or acquisitions that may be harmful to competition.3 In view of the startling increase in the number and size of such consolidations in the United States,4 a continually widening community is likely to be exposed to their frequently deleterious effects. Therefore, the availability of the private action under the latter section has become a question of prime importance.