This Note argues that Congress should amend the APPA to require a judicial public interest determination prior to the entry of a voluntary dismissal in government-initiated civil antitrust actions. Part I of this Note briefly describes the APPA and Federal Rule of Civil Procedure 41(a)(1). Part II asserts that APPA procedures do not currently apply to voluntary dismissals under Rule 41(a)(1). Part III concludes that the purposes underlying the APPA and general policy considerations support the legislative extension of the Act to dismissals. Part IV responds to objections to this proposal. Finally, Part V presents a specific amendment to the APPA and examines recent congressional proposals.
Jon B. Jacobs,
The Applicability of the Antitrust Procedures and Penalties Act of 1974 to Voluntary Dismissals,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol19/iss1/11