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Persons "injured in their business or property by reason of anything forbidden in the antitrust laws"' may bring a private treble damage action under section 4 of the Clayton Act. Courts differ as to whether a person can recover damages when his losses result not from damage to an operative venture, but from foreclosure of a business venture that is in a conceptual or planning stage.3 For example, the individual may have a plan for a business but lack such operational necessities as a plant, raw materials, employees, or customers.4 A minority of courts refuse to award dam-

Unestablished Businesses and Treble Damage Recovery under Section Four of the Clayton Act