Private Enforcement of Antitrust Law in the United States

Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

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.

Chapter 3: Parties Entitled to Pursue a Claim

Eric L. Cramer and Daniel C. Simons

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law


Eric L. Cramer and Daniel C. Simons1 § 3.01 § 3.02 § 3.03 § 3.04 § 3.05 § 3.06 § 3.07 § 3.08 § 3.09 § 3.01 Introduction Antitrust injury: Harm to competition, not competitors Standing for injunctive relief Standing for damages claims Direct purchasers 3.05.1 Determining direct purchaser status 3.05.2 Overcharge damages 3.05.3 Damages for supra-competitive prices from non-conspirators 3.05.4 Direct purchaser standing in cases alleging fraud on the patent office 3.05.5 Reduction in output and quality Indirect purchasers 3.06.1 Indirect purchaser injunctive relief 3.06.2 Restitution and disgorgement 3.06.3 Damages recovery under state law 3.06.4 Do the Associated General factors apply to a damages claim brought under a state Illinois Brick repealer statute? Competitors 3.07.1 New entrants to the market Other types of antitrust claimants 3.08.1 Shareholders 3.08.2 Suppliers 3.08.3 Terminated dealers and distributors 3.08.4 Employees 3.08.5 Unions and trade associations Conclusion Introduction Antitrust violations often reverberate widely throughout a market and the economy more generally, impacting a multitude of market participants in a broad variety of ways. Hence, for a single violation, there may be multiple victims, each with potentially cognizable antitrust claims. Under the literal and broad terms of the federal antitrust laws, all persons or entities suffering harm as a result of anticompetitive conduct theoretically have a claim, either to 1 Eric L. Cramer and Daniel C. Simons are, respectively, a managing shareholder and an associate at Berger & Montague, P.C. Both focus their practices on antitrust and complex litigation. 64 M2937 - FOER 9780857939593 PRINT.indd 64 31/07/2012 10:45 Parties entitled to pursue a claim 65...

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