Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4

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  1. 5 Material Factors to Consider

  • 1) the harm was direct rather than remote

  • 2) the harm was of the sort that the Antitrust Laws were designed to prevent or inextricably intertwined w/it

  • 3) intent to harm π or those in π’s class

  • 4) prospect that standing will lead to duplicative recovery or difficult questions of apportionment of damages

  • 5) prospect that standing will leave significant violations undetected or unremedied
          1. Standing for Competitors of Parties to a Merger

  • Cargill v. Monfort of Colorado – competitor-π must show potential antitrust injury (must show that the merged firm may engage in price predation on the way to monopolization)

  • Extends antitrust injury to injunctive relief analysis!

  • R.C. Bigelow v. Unilever (2d Cir.) – where a merger would result in monopolistic market share (i.e., 87%), there was a material fact re whether π was threatened w/antitrust injury
          1. Standing for Take-Over Target Companies

  • Cent. Nat’l Bank v. Rainbolt (10th Cir.) – denied standing on the theory that a take-over target would be part of the merged firm and would not be a victim of any anticompetitive advantaged gained

  • Consolidated Gold Fields v. Minorco (2d Cir.) – granted standing on the theory that the take-over target would be limited in competing against a co-subsidiary

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