Brunswick requires injury of the type the antitrust laws were intended to prevent, flowing from what makes the conduct unlawful. Injury from increased competition does not qualify.
It is required in addition to constitutional standing.
Alternative Names:
Antitrust Standing|Brunswick Injury
Why it Matters?
Competitor plaintiffs frequently fail this element, since harm from a rival's lower prices or better products is injury from competition rather than from its restraint, and the claim fails even where the conduct was unlawful. Identifying whether the plaintiff's asserted harm would have occurred under lawful competition is the analysis. Associated Gen. Contractors factors additionally limit remote plaintiffs regardless of injury type.
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Frequently asked questions
Why do competitor plaintiffs frequently fail?
What is the analytical question?
