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35 Antitrust Bull. 879 (1990)
Which Past is Prolog - The Future of Private Antitrust Enforcement

handle is hein.journals/antibull35 and id is 887 raw text is: The Antitrust Bulletin/Winter 1990 Which past is prolog? the future of private antitrust enforcement BY JOHN J. FLYNN* I. Introduction For the past four decades, and despite doubts voiced 100 years ago by the principal draftsmen of the Sherman Act,' the primary enforcement of the federal antitrust laws has occurred through private litigation.2 Many of the leading cases carving out new * Hugh B. Brown Professor of Law, College of Law, The Univer- sity of Utah, Salt Lake City. I Klingsburg, Balancing the Benefits and Detriments of Private Antitrust Enforcement: Detrebling Antitrust Injury, Standing and Other Proposed Solutions, 9 CARDOZO L. REv. 1215 (1988) (summarizing remarks of Senators Sherman and George expressing doubts about the ability of private plaintiffs to surmount the financial and legal obstacles to maintaining private suits). 2 Salop & White, Private Antitrust Litigation: An Introduction and Framework, in PRIVATE ANTITRUST LrGATION: NEW EVIDENCE, NEW LEARNING 3-4 (L. White, ed. 1988). Private suits have outnumbered public enforcement from a ratio of 6 to 1 to a ratio of 20 to 1 over the @ 1991 by Fcderal Lcgal Publications, Inc.