Decrees impose divestitures, conduct restrictions, compliance programs, and monitoring. Under the Tunney Act, courts review proposed decrees for consistency with the public interest before entry.
Decrees do not carry prima facie effect in follow-on actions.
Alternative Names:
Antitrust Consent Decree|Antitrust Consent Judgment
Why it Matters?
Absence of prima facie effect under Section 5(a) is the principal advantage over a litigated judgment, since a consent decree entered before testimony does not establish elements for private plaintiffs, which is why defendants resolve before trial even on terms they might improve by litigating. Tunney Act review adds delay and permits third-party comment, and courts have occasionally rejected proposed decrees.
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Frequently asked questions
What is the principal advantage?
What does Tunney Act review add?
