What is the test for a preliminary injunction in an anti-competition action?
The following excerpt is from Burlington Northern Santa Fe Railway Co. v. International Broth. of Teamsters Local 174, 170 F.3d 897 (9th Cir. 1999):
8 This case also fails to meet the traditional test for the issuance of a preliminary injunction, which applies to all cases, including antitrust cases, under which the plaintiff must show either "(1) a likelihood of success on the merits and the possibility of irreparable injury, or (2) the existence of serious questions going to the merits and the balance of hardships tipping in [plaintiff's] favor." Gilder v. PGA Tour, Inc., 936 F.2d 417, 422 (9th Cir.1991) (citation omitted).
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