Divestiture as a Remedy in Private Actions Brought Under Section 16 of the Clayton Act

Authors

Paul V. Timmins, University of Michigan Law SchoolFollow

Abstract

This Note argues that private parties should be permitted to bring suits for divestiture under section 16 of the Clayton Act. Part I analyzes the language of section 16 and the relevant legislative history of the Clayton Act and concludes that Congress did not intend to limit the injunctive relief available to private parties. Part II argues that courts should be free to exercise their broad equity powers to grant the most appropriate and effective relief, including divestiture, to an injured plaintiff. Finally, Part III contends that policy considerations disfavor omitting divestiture from the types of equitable remedies that a court may grant in cases where a plaintiff has proven a violation of section 7 of the Clayton Act.

Recommended Citation

Paul V. Timmins, Divestiture as a Remedy in Private Actions Brought Under Section 16 of the Clayton Act, 84 Mich. L. Rev. 1579 (1986).
Available at: https://repository.law.umich.edu/mlr/vol84/iss7/10