The cost and time required by a treble damage action have traditionally acted as a strong brake to private antitrust enforcement. The author urges consideration by a potential litigant faced with this problem of the advantages of seeking injunctive relief, rather than treble damages; and he points out the special utility of the preliminary injunction. He also proposes some controversial and important possible uses of prior government action in preliminary injunction proceedings.
Antitrust Injunctions: A Flexible Private Remedy,
1966 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol15/iss1/3