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.

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