Download or read book Contribution and Claim Reduction in Antitrust Litigation written by Daniel M. Wall and published by American Bar Association. This book was released on 1986 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback work discusses the major arguments for and against contribution and claim reduction legislation.
Download or read book Antitrust Contribution and Claim Reduction written by Griffin B. Bell and published by Public Interest. This book was released on 1982 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contribution and Claim Reduction Among Antitrust Defendants written by A. Mitchell Polinsky and published by . This book was released on 1980 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Joint and Several Liability Contribution and Claim Reduction written by Joseph Angland and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three elements of the antitrust remedial scheme - joint and several liability, the absence of a right to contribution, and the offsetting of settlements against pre-trebled damages - combine to create several unfair results. Similarly situated defendants can be forced to bear very different shares of a damage award at a plaintiff's whim, and defendants collectively face incentives to settle for more than the sum of their expected liabilities at trial. The elimination of joint and several liability would solve these fairness problems, but it would create another one in that the plaintiff, rather than other conspirators, would be forced to bear the risk of a defendant's being unable to pay a judgment. Creating a right of contribution among coconspirators and reducing pre-trebled damages by the share attributable to a settling defendant is a preferable solution. It would redress the fairness problems without impairing a plaintiff's right to full compensation. Such contribution and claim reduction, moreover, would not undermine deterrence, discourage fair settlement, or create severe problems of administrability.
Download or read book Contribution Among Antitrust Defendants written by Frank H. Easterbrook and published by . This book was released on 1980 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report on Current Proposals to Revise Damage Allocation Among Antitrust Defendants written by Association of the Bar of the City of New York. Committee on Antitrust and Trade Regulation and published by . This book was released on 1986 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contribution in Antitrust written by Jonathan Rose and published by . This book was released on 2015 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until the recent decision of the Eighth Circuit in Professional Beauty Supply, Inc. v. National Beauty, Inc., the few courts that had considered the issue had uniformly decided that there was no contribution among antitrust defendants. That is no longer the law in the Eighth Circuit and the issue of contribution is one that is receiving active consideration by antitrust courts. The rule against contribution in antitrust cases was heavily influenced by the common law rule against contribution as it arose in tort cases. In tort, and in other contexts, the common law prohibition against contribution has been relaxed or replaced. This article analyzes the policy considerations that should affect the development of contribution rules in the antitrust context. This article discusses considerations of fairness; the effect of contribution on deterrence; and the effect of contribution on judicial administration, specifically, the effect on settlements, the complexity of litigation, and the plaintiff's control of the lawsuit. Analysis of all of the relevant policy considerations suggest that a rule that bars contribution in all antitrust cases is erroneous. This article also discusses remaining issues that must be resolved if contribution is permitted in antitrust cases.
Download or read book The Role of Contribution Among Defendants in Private Antitrust Litigation written by Morten Hviid and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date the experience of the incidence of private actions for damages in antitrust cases has differed markedly across jurisdictions. The procedural rules surrounding private litigation may account for some of these differences. This paper explores the effect of rules concerning contribution among multiple defendants who are joint and severally liable for a cartel infringement. The no-contribution rule is shown to lead to higher levels of aggregate damages and more information revelation to the private plaintiff. However, the no-contribution rule also has the potential to neuter any public leniency programme, thereby possibly reducing the number of cartels detected.
Download or read book Antitrust Damage Allocation written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1983 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private Enforcement of Antitrust Law in the United States written by Albert A. Foer and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.
Download or read book Joint and Several Liability in EU Competition Law written by Katarzyna Sadrak and published by Cambridge University Press. This book was released on 2022-09-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive analysis of contribution claims in EU competition law, a controversial but little studied topic.
Download or read book Economics and Liability for Environmental Problems written by Kathleen Segerson and published by Routledge. This book was released on 2018-01-12 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. This convenient reference brings together notable contributions examining all aspects of the liability for environmental accidents. Articles included in the Part I of this volume examine the role of liability as a policy instrument, and provide detailed examinations of the incentive effects created by the imposition of liability, ie. Bankruptcy, litigation costs, delegation of responsibility and insurance. Those in Part II study specific environmental issues such as hazardous waste disposal and oil spills. The International Library of Environmental Economics and Policy explores the influence of economics on the development of environmental and natural resource policy. In a series of twenty five volumes, the most significant journal essays in key areas of the contemporary environmental and resource policy are collected. This convenient reference brings together the notable contributions examining all aspects of the liability for environmental accidents.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Antitrust Remedies Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1986 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antitrust Remedies Improvement Act and the Intellectual Property Reform Act of 1987 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1989 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Liability for Marine Oil Pollution Damage written by Wang Hui and published by Kluwer Law International B.V.. This book was released on 2011-09-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
Download or read book The Antitrust Equal Enforcement Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1982 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
