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Antitrust injury

Contents

Place in the Framework

Antitrust injury requires a private plaintiff to show injury of the type the antitrust laws were intended to prevent and that flows from the challenged conduct's anticompetitive aspect.

Core Questions

  • Is the plaintiff's injury tied to harm to competition?
  • Does the injury flow from the anticompetitive effect of the violation?
  • Is the plaintiff seeking recovery for a competitive injury or merely a business loss?

Working Notes

Add notes here on antitrust injury, efficient enforcement, competitor versus consumer injuries, and limits on private recovery.