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1950 U. Ill. L.F. 629 (1950)
Equitable Relief under the Sherman Act

handle is hein.journals/unilllr1950 and id is 633 raw text is: EQUITABLE RELIEF UNDER THE SHERMAN ACT BY SIGMUND TIMBERG LITIGATED VS. CONSENT JUDGMENTS THERE ARE ONLY TWO PHASES OF AN ANTITRUST proceeding that possess any real permanence-the court's opinion and the court's judg- ment. The court's opinion, to the extent that it deals with controversial issues and is written by a perspicacious judge, may serve as a precedent for similar issues arising in other cases. The court's judgment, however, is the raison d' etre of the whole lawsuit, for it is the only thing that binds the parties to the litigation and affords relief to an aggrieved public. There is something transient, though, about a criminal judgment; it exhausts itself when the stigma of conviction wears off, and the fines are charged off (figuratively if not literally) as an expense of doing business. Not so the equity judgment, which governs the parties, and the industry in which they operate, in perpetuity. Despite the importance of the equity judgment, it was in the past fre- quently slighted. The exhausted legal warriors, pre-occupied with winning litigious battles, often lost sight of the main economic war. Like the battle of Blenheim, everybody would concede that the government had won a famous victory, but the participants would have blurred conceptions of what the shooting was directed to, or how to take care of the scarred battle area. In recent years, however, there has been increased reliance on civil proceedings to enforce the antitrust laws; greater concentration by courts, private bar, and government on problems of appropriate equitable relief; and enhanced efforts to police judgments already on the books. Moreover, civil antitrust cases have tendcd to be closed out by consent, f The views expressed in this article are those of the author, and do not necessarily represent the vie'ws of the Department of Justice. * SIGMUND TIMBERG. A.B. and M.A. 1930, Columbia University; LL.B. 1933, Columbia University; Special Assistant to the Attorney General and Chief, Judgments and Judgment Enforcement Section, Antitrust Division, Departmzent of Justice; author of The Antitrust Laws from the Point of View of a Government Attorney (Practicing Law In- stitute 1949), and contributor to various legal periodicals on antitrust and related subjects.

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