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Duquesne Law Review

Authors

David S. Wise

Abstract

Never in the sixty-eight year history of the Clayton Act has a court compelled a divestiture at the request of a private party, yet the Supreme Court had considered divestiture a primary remedy for Clayton Act violations as early as 1961. The author reviews reasoning that supports and opposes divestiture as a private remedy and concludes that because of the powerful and complex issues of public policy, economics and law involved a legislative response should be awaited.

First Page

613

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