Law Commons^™

Denial Of Standing To Private,Noncommercial Consumers Under Section 4 Of The Clayton Act, David L. O'Daniel

Vanderbilt Law Review

The Sherman Act and the Clayton Act are efforts by Congress to promote a free and competitive economy and to compensate those injured by anticompetitive activities. To supplement government enforcement, section 7 of the Sherman Act provided a means of combating antitrust violations through private treble damage actions. Section 4 of the Clayton Act, which superseded section 7 of the Sherman Act with only slight modification, provides for treble damage actions by "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws"....

In light of the uncertainty regarding private consumer …

Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott

Vanderbilt Law Review

Book Reviews:

The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit

Reviewed by George A. Hay

The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …