Download or read book Private Antitrust Actions written by C. Douglas Floyd and published by Aspen Publishers. This book was released on 1996 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here For The first time is a comprehensive one-volume analysis that helps you to evaluate and successfully bring or defend a private antitrust suit. With Private Antitrust Actions you'll know exactly what it takes to determine if a party has standing to bring a civil antitrust suit, take advantage of (or overcome) available exemptions and immunities, and counsel any business on effective antitrust strategy. With detailed information on how the amount of the award is calculated, you'll be able to evaluate each case for potential recovery (or costs) and attorney's fees. And you'll also see how the federal courts are now interpreting and applying standards governing such matters as: Antitrust injury and standing Federal preemption Insurance exemption for HMOs and managed care plan Labor exemption and professional sports State action immunity Statute of limitations and fraudulent concealment Class certification and settlement Summary judgment and judgment as a matter of law Expert testimony in establishing damages ...plus in-depth exploration of areas where conflicting authority and unresolved questions persist.

Download or read book Private Antitrust Litigation written by Bernardine Adkins and published by Sweet & Maxwell. This book was released on 2012 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Referencer 2013 provides clear and practical guidance on over 100 sentencing topics laid out in an easy to navigate A-Z format. This is an invaluable tool to be used both in court and in the office and is the first port of call when seeking basic sentencing guidance. It takes the reader through each sentencing topic, the topics are laid out in alphabetical order, and legislation most applicable to the case is highlighted, followed by advice and the procedures to follow in court.

Download or read book Private Federal Antitrust Actions written by Matthew P. Mitchell and published by . This book was released on 1970 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Litigating Private Antitrust Actions written by Philip C. Jones and published by McGraw-Hill Companies. This book was released on 1984 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guidebook reviews the relevant antitrust statutes & discusses the underlying antitrust policies of federal law in private antitrust actions. The text discusses price fixing, tying agreements, restraints on product distribution, price discrimination, & many other antitrust issues.

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 Nolo Contendere and Private Antitrust Enforcement written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1967 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. 2512, to amend the Clayton Act to permit private antitrust litigants the same benefits from a nolo contendere plea as they now receive from a guilty plea in government antitrust actions.

Download or read book Private Antitrust Actions written by Continuing Legal Education in Washington and published by . This book was released on 1968 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Role of Private Antitrust Enforcement in Protecting Small Business 1958 written by United States. Congress. Senate. Committee on Small Business and published by . This book was released on 1958 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes consideration of legislation to permit private individuals and businesses to obtain damage awards in Federal antitrust actions.

Download or read book Private Antitrust Actions written by Maxwell M. Blecher and published by . This book was released on 1973 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reconciling Efficiency and Equity written by Damien Gerard and published by Cambridge University Press. This book was released on 2019-05-09 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Download or read book Private Antitrust Litigation in the European Union and Japan written by Simon Vande Walle and published by Maklu. This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.

Download or read book Quantification of Harm in Private Antitrust Actions in the United States written by Herbert Hovenkamp and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses the theory and experience of United States courts concerning the quantification of harm in antitrust cases. This treatment pertains to both the social cost of antitrust violations, and to the private damage mechanisms that United States antitrust law has developed. It is submitted for the Roundtable on the Quantification of Harm to Competition by National Courts and Competition Agencies, Organization for Economic Cooperation and Development (OECD), Feb., 2011. In a typical year more than 90% of antitrust complaints filed in the United States are by private plaintiffs rather than the federal government. Further, when the individual states in our federal system file their actions under federal antitrust law they are entitled to assert claims for damages as well. The vast majority of private antitrust actions in the United States include a claim for damages, which must be trebled. The damages measure authorized by the Clayton Act is based purely on compensation, and Congress has never seriously considered changing it. As it turns out, compensation for losses is rarely the measure that is also sufficient to produce the optimal level of deterrence of anticompetitive practices. Even in the case of a simple naked cartel producing no efficiency gains whatsoever, the overcharge measure produces optimal deterrence only if we have some way of knowing ex ante what the probability of detection and successful prosecution is. Trebled damages under United States law would be about right if the probability of cartel detection and prosecution were .33. In all probability, however, the detection rate for naked cartels is not higher than .2, making a trebling multiplier too low. In other cases such as mergers and most vertical restraints, the probability of detection is 100% because the act is either public or else known to the plaintiff from its onset. In such cases trebled damages are probably excessive. The indirect purchaser rule in federal antitrust law in the United States awards the entire overcharge to direct purchasers from the violator, and no damages at all to indirect purchasers except in a few atypical situations. In reality, most damages are passed on, and thus direct purchaser intermediaries are typically overcompensated. Further, nearly all of their harm results from lost output rather than the overcharge itself. As a result, in the typical situation the indirect purchaser rule both mismeasures damages and assigns the damages action to the wrong person.

Download or read book Private Antitrust Actions Sponsored by Washington State Bar Association and University of Washington School of Law written by University of Washington. School of Law and published by . This book was released on 1968 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Study of the Antitrust Treble Damage Remedy written by Peter W. Rodino and published by . This book was released on 1984 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fair and Effective Enforcement of the Antitrust Laws S 1874 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1977 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The private antitrust suit in American business competition written by Ralph Cassady and published by . This book was released on 1964 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Toward an Empirical and Theoretical Assessment of Private Antitrust Enforcement written by Joshua P. Davis and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominant view in the antitrust field is that private enforcement cases, and especially class actions, accomplish little or nothing positive but, on the contrary, are counterproductive. Despite strongly worded convictions, that view has been premised on anecdotal, self-serving and insufficiently substantiated claims. Indeed, the authors' 2008 study of 40 private cases appears to constitute the only systematic effort to gather information about a significant number of private antitrust actions. That study generated a great deal of controversy, including questioning of our conclusions by high officials at the Department of Justice and by Professor Daniel Crane at the University of Michigan Law School. Given this subject's importance and controversial nature we undertook a supplemental study of 20 additional private antitrust cases. This article analyzes the 20 new cases, compares and contrasts them with that of our earlier group, and draws insights from all 60. The studies demonstrate that private litigation has provided substantial cash compensation to victims of anticompetitive behavior: at least $33.8 to $35.8 billion. The studies also show that private antitrust enforcement has had an extremely strong deterrent effect. In fact, private enforcement probably deters more anticompetitive behavior than even the appropriately acclaimed anti-cartel program of the U.S. Department of Justice Antitrust Division. Another purpose of our study was to ascertain important characteristics of private antitrust cases that could help influence the debate over their efficacy. These include whether there were indicia that the cases had underlying merit, the significance of recoveries from foreign violators of U.S. antitrust law, and the sizes of attorney's fee awards and claims administration expenses. Finally, this article responds to criticisms of our analysis and our conclusions. In particular, we explain why the Department of Justice officials are incorrect in challenging our claims about the deterrence effects of private antitrust enforcement and why Professor Crane is similarly mistaken regarding its compensation effects. We explain why our earlier study did indeed demonstrate the truly significant benefits of private antitrust actions -- conclusions our new empirical work confirms and strengthens.