Anago, Inc. v. Tecnol Medical Products, Inc.

ROBERT M. PARKER, District Judge,

specially concurring.*

I concur specially because, while I agree with the ultimate judgment of the majority in this case, I cannot join in the majority’s embrace of a rule categorically foreclosing a target-competitor’s access to the private enforcement provision of the antitrust law relative to Section 7 of the Clayton Act (15 U.S.C. § 18 (hereinafter Section 7)). The Supreme Court has a “longstanding policy of encouraging vigorous private enforcement of the antitrust laws.” Illinois Brick Co. v. Illinois, 431 U.S. 720, 745, 97 S.Ct. 2061, 2074, 52 L.Ed.2d 707…