Standing in Antitrust Cases


Summary

This practice note discusses the standing requirements a plaintiff must satisfy to bring an antitrust action. While the Clayton Act broadly authorizes “any person” injured in its business or property or threatened with such injury to bring a claim under the federal antitrust laws, the Supreme Court has limited who can sue for damages and injunctive relief by imposing standing requirements in antitrust cases. You must carefully consider this issue before filing a suit under the federal antitrust laws and in deciding how to respond to a complaint.