416
Stevens, J., concurring in judgment
other approach might yield greater competition. We conclude that respondent's complaint fails to state a claim under the Sherman Act.5
Accordingly, the judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Stevens, with whom Justice Souter and Justice Thomas join, concurring in the judgment.
In complex cases it is usually wise to begin by deciding whether the plaintiff has standing to maintain the action. Respondent, the plaintiff in this case, is a local telephone service customer of AT&T. Its complaint alleges that it has received unsatisfactory service because Verizon has engaged in conduct that adversely affects AT&T's ability to serve its customers, in violation of § 2 of the Sherman Act. 15 U. S. C. § 2. Respondent seeks from Verizon treble damages, a remedy that § 4 of the Clayton Act makes available to "any person who shall be injured in his business or property." 15 U. S. C. § 15. The threshold question presented by the complaint is whether, assuming the truth of its allegations, respondent is a "person" within the meaning of § 4.
Respondent would unquestionably be such a "person" if we interpreted the text of the statute literally. But we have eschewed a literal reading of § 4, particularly in cases in which there is only an indirect relationship between the defendant's alleged misconduct and the plaintiff's asserted injury. Associated Gen. Contractors of Cal., Inc. v. Carpenters, 459 U. S. 519, 529-535 (1983). In such cases, "the importance of avoiding either the risk of duplicate recoveries
5 Our disposition makes it unnecessary to consider petitioner's alternative contention that respondent lacks antitrust standing. See Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 97, and n. 2 (1998); National Railroad Passenger Corporation v. National Assn. of Railroad Passengers, 414 U. S. 453, 456 (1974).
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