Chromalloy Gas Turbine Corp. v. United Technologies Corp.

ON MOTION FOR REHEARING

Opinion by:

PAUL W. GREEN, Justice.

The opinions of the court dated October 14, 1998, and November 17,1999, are withdrawn and the following is substituted. The motion for rehearing is overruled.

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The question is whether a private plaintiff in an antitrust action is entitled to injunctive relief when the defendant attempted to engage in monopolistic conduct, but the illegal conduct caused the plaintiff neither damage nor irreparable injury. Under the antitrust statute, a plaintiff who is threatened with injury because of the monopolistic conduct of a defendant…