“If You Never Did, You Should”: State Equitable Remedies for Antitrust Violations

Section 16 of the Clayton Act authorizes “injunctive relief . . . against threatened loss or damage” due to an antitrust violation “under the same conditions and principles as injunctive relief against threatened conduct . . . is granted by courts of equity [.]” While State enforcers and other plaintiffs have long turned to this provision for non-monetary relief to redress anticompetitive conduct, the Supreme Court’s initially expansive construction of Section 16 and other federal laws