Antitrust Remedies Improvement Act of 1987

Summary

Antitrust Remedies Improvement Act of 1987 - Amends the Clayton Act to authorize the U.S. Attorney General, the Federal Trade Commission, and State attorneys general to bring actions on behalf of consumers to recover damages sustained to a person as a result of a violation of the Sherman Antitrust Act. (Current law permits only State attorneys general to bring such actions.) Requires the court to award the United States treble damages and court costs in such actions. (Current law provides for the award of such damages and costs, including attorney's fees, to the State only.) Permits the court to order a just and equitable distribution of the award in such an action to those persons on whose behalf the action is brought. Entitles the United States to recover treble (currently actual) damages in antitrust actions for injuries it sustains. Prohibits any corporate merger consent agreement, consent decree, or order involving divestiture from becoming final until the divestiture has been approved by the Commission or the court. Provides that no divestiture has been approved by the Commission or the court. Provides that no divestiture shall be deemed an acceptable remedy for a merger which substantially lessens competition, unless: (1) the divestiture fully restores competition lost as a result of such merger; and (2) the buyer of divested assets will be a viable competitor for the foreseeable future. Directs the U.S. Attorney General, the Commission, and the court to consider employees' interests in approving divestitures, consistent with the full restoration of competition. Permits the State attorney general to intervene as a matter of right in cases where mergers providing for the divestiture of one or more enterprises employing more than 100 employees in such State are proposed by the Department of Justice or the Commission. Sets forth revised procedures for the dismissal or modification of consent judgments proposed by the United States and other judgments rendered by the court in an antitrust action. Grants standing to any person, firm, corporation, or association engaged in commerce to sue any other entity engaged in the same line of commerce for enjoinment of any acquisition prohibited by the antitrust laws.

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