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CARGILL, INC. v. MONFORT OF COLORADO, INC.

No. 85-473.

479 U.S. 104 (1986)

CARGILL, INC., ET AL. v. MONFORT OF COLORADO, INC.

Supreme Court of United States.

Decided December 9, 1986

Attorney(s) appearing for the Case

Ronald G. Carr argued the cause for petitioners. With him on the briefs were Robert F. Hanley, Alan K. Palmer, and Phillip Areeda.

Deputy Solicitor General Cohen argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Ginsburg, Deputy Assistant Attorney General Cannon, Jerrold J. Ganzfried, Catherine G. O'Sullivan, Andrea Limmer, and Marcy J. K. Tiffany.

William C. McClearn argued the cause for respondent. With him on the brief were James E. Hartley, Elizabeth A. Phelan, and Marcy G. Glenn.*

David L. Foster and Kim Sperduto filed a brief for Royal Crown Cola Co. as amicus curiae.

JUSTICE BRENNAN delivered the opinion of the Court.

Under § 16 of the Clayton Act, 38 Stat. 737, as amended, 15 U. S. C. § 26, private parties "threatened [with] loss or damage by a violation of the antitrust laws" may seek injunctive relief. This case presents two questions: whether a plaintiff seeking relief under § 16 must prove a threat of antitrust injury, and, if so, whether loss or damage due to increased competition constitutes such injury....

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