divestiture
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 334 U.S. 110 - Schine Chain Theatres, Inc. v. United States · 1948Most cited · 641 citing opinions
To require divestiture of theatres unlawfully acquired is not to add to the penalties that Congress has provided in the antitrust laws. Like restitution it merely deprives a defendant of the gains from his wrongful conduct. It is an equitable remedy designed in the public interest to undo what could have been prevented had the defendants not outdistanced the government in their unlawful project.
How often courts cite the cases defining “divestiture”
Court decisions citing the 2 opinions that defined “divestiture” — 713 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1948–1971
Divestiture performs several functions, the foremost being the liquidation of the illegally acquired market power.