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Litigating Private Antitrust Actions


Litigating Private Antitrust Actions
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Private Antitrust Litigation


Private Antitrust Litigation
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Author : Bernardine Adkins
language : en
Publisher: Sweet & Maxwell
Release Date : 2012

Private Antitrust Litigation written by Bernardine Adkins and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


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.



Litigating Private Antitrust Actions


Litigating Private Antitrust Actions
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Author : Philip C. Jones
language : en
Publisher: McGraw-Hill Companies
Release Date : 1984

Litigating Private Antitrust Actions written by Philip C. Jones and has been published by McGraw-Hill Companies this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Actions and defenses categories.


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.



Private Antitrust Actions


Private Antitrust Actions
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Author : C. Douglas Floyd
language : en
Publisher: Aspen Publishers
Release Date : 1996

Private Antitrust Actions written by C. Douglas Floyd and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Actions and defenses categories.


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.



Private Antitrust Litigation In The European Union And Japan


Private Antitrust Litigation In The European Union And Japan
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Author : Simon Vande Walle
language : en
Publisher: Maklu
Release Date : 2013

Private Antitrust Litigation In The European Union And Japan written by Simon Vande Walle and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.


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.



Class Actions And Private Antitrust Litigation


Class Actions And Private Antitrust Litigation
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Author : Albert H. Choi
language : en
Publisher:
Release Date : 2019

Class Actions And Private Antitrust Litigation written by Albert H. Choi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.




Non Mutual Offensive Collateral Estoppel In Private Antitrust Litigation


Non Mutual Offensive Collateral Estoppel In Private Antitrust Litigation
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Author : Michael Jacobs
language : en
Publisher:
Release Date : 2012

Non Mutual Offensive Collateral Estoppel In Private Antitrust Litigation written by Michael Jacobs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.


For nearly 100 years, antitrust policy in the United States has reflected the important role of private enforcement by allowing private litigants to benefit from successful government enforcement actions. With the enactment of section 5(a) of the Clayton Act in 1914, prior judgments obtained by the government were given prima facie effect in follow-on litigation by private parties. Following the U.S. Supreme Court's 1976 decision in Parklane Hosiery Co. v. Shore, non-mutual offensive collateral estoppel has since supplanted section 5(a) as the tool of choice in many private antitrust lawsuits. That doctrine, however, has been described as “detailed, difficult, and potentially dangerous,” and the cautious approach that some courts have adopted in the antitrust context is in tension with the policy preference expressed in the Clayton Act that favors giving private plaintiffs the full benefits of prior government judgments. The Microsoft antitrust litigation presents one of the most interesting and challenging examples of that tension, and thus provides important lessons for future cases. This article seeks to provide a framework, based on lessons learned in Microsoft, for the application of non-mutual offensive collateral estoppel in antitrust cases that gives effect to the policy considerations underlying section 5(a) of the Clayton Act, while remaining mindful of the concerns identified by the U.S. Supreme Court in Parklane Hosiery. It argues that a broader application of the doctrine is warranted in the antitrust context and that, in order to give private plaintiffs the full benefit of prior government enforcement actions, all issues decided in the earlier proceeding that were “necessary” to each analytical step undertaken by the court in deciding, under the applicable substantive standard, that the antitrust laws had been violated should be given preclusive effect.



Private Antitrust Litigation


Private Antitrust Litigation
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Author : Lawrence J. White
language : en
Publisher: MIT Press (MA)
Release Date : 1988

Private Antitrust Litigation written by Lawrence J. White and has been published by MIT Press (MA) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Business & Economics categories.


Is private antitrust litigation out of control, encouraging frivolous suits and deterring companies from pursuing innovative manufacturing, organization, and distributional techniques? Or is it a fair and useful system, particularly during periods when government antitrust enforcement is lax and pro-business? The contributions in this book shed new light on the current debate over treble damage reform.Using a unique collection of data on more than 2,350 antitrust cases filed in five districts between 1973 and 1983 - a research effort instigated by the Georgetown private treble damage project - prominent scholars analyze the key issues involved in reform proposals. " Steven Salop and Lawrence White present an analytic framework for studying private antitrust litigation, setting out the policy issues and providing an overview of the data collected by the project. Paul Teplitz discusses the nature of the data and their collection in greater detail.Kenneth Elzinga and William Wood compare the cost of litigation to the size of settlements and awards in an attempt to gauge the degree to which the system compensates victims of antitrust violations as opposed to the system's effectiveness as a deterrent. Jeffrey Perloff and Daniel Rubinfeld focus on the incentives for litigants to settle, and Stephen Calkins notes the reaction of the legal system to treble damages in the light of motions to dismiss and motions for summary judgment. Thomas Kauper and Edward Snyder look at those cases that followed on government cases (primarily price fixing), and George Benston takes up multi-party cases, considering the effects of class actions, joint and several liability, and various claim reduction reform proposals on deterrence and the incentives to settle.The book's final section presents three interesting and diverse policy commentaries by George Garvey, Ira Millstein, and Donald Turner.Lawrence J. White is Professor of Economics at the Graduate School of Business Administration at New York University. He has recently been appointed a Board Member of the Federal Home Loan Bank Board. Private Antitrust Litigation is sixteenth in the series Regulation of Economic Activity, edited by Richard Schmalensee.



Private Enforcement Of Ec Competition Law


Private Enforcement Of Ec Competition Law
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Author : Jürgen Basedow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2007-03-15

Private Enforcement Of Ec Competition Law written by Jürgen Basedow and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-15 with Law categories.


The European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: – the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; – relevance of the case law that contributes to general principles of European tort law; – comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; – calculation of damages; – passing-on of losses sustained in an upstream market to customers in a downstream market; – procedural devices which may help to overcome the lack of implementation; – duties of disclosure and the burden of proof; – collective actions that may help to overcome the rational abstention of individuals; – pitfalls of leniency programmes implemented by national competition authorities; and – issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.



Private Enforcement Of Antitrust


Private Enforcement Of Antitrust
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Author : Arianna Andreangeli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-07-31

Private Enforcement Of Antitrust written by Arianna Andreangeli and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Law categories.


Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time. Starting fr



The Microsoft Antitrust Cases


The Microsoft Antitrust Cases
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Author : Andrew I. Gavil
language : en
Publisher: MIT Press
Release Date : 2014-11-21

The Microsoft Antitrust Cases written by Andrew I. Gavil and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-21 with Business & Economics categories.


A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.