Paul Stancil, 𝘈𝘵𝘰𝘮𝘪𝘴𝘮 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘗𝘳𝘪𝘷𝘢𝘵𝘦 𝘔𝘦𝘳𝘨𝘦𝘳 𝘊𝘩𝘢𝘭𝘭𝘦𝘯𝘨𝘦, 78 Tᴇᴍᴘʟᴇ L. Rᴇᴠ. 949 (2006).
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.
78 Temple L. Rev.
Temple Law Review