Edited by Albert A. Foer and Randy M. Stutz
15 Proposals for reform Pamela Gilbert1 and Victoria Romanenko2 § 15.01 § 15.02 § 15.03 § 15.04 § 15.05 § 15.06 § 15.07 § 15.08 § 15.09 § 15.10 § 15.11 § 15.01 Introduction Twombly and Iqbal: Federal pleading standards Class action waivers Indirect purchaser litigation Claims reduction and contribution Reverse payments Minimum resale price maintenance The Robinson-Patman Act The Railroad Antitrust Enforcement Act The Antitrust Criminal Penalty Enhancement and Reform Act Conclusion Introduction The private enforcement scheme of the U.S. antitrust laws has stood the test of time for almost a century. That scheme, as established by § 4 of the Clayton Act in 1914, provides for treble damages and costs, including attorneys’ fees, for any person “injured in his business or property by reason of anything forbidden in the antitrust laws.”3 The Supreme Court has repeatedly found that private actions play a critical role in the enforcement of the antitrust laws and the protection of a fair marketplace. It explained in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. that “[t]he treble-damages provision wielded by the private litigant is a chief tool in the antitrust enforcement scheme, posing a crucial deterrent to potential violators.”4 Over time, some Supreme Court rulings have narrowed the scope of the private right of action and others have expanded it. Congress has also stepped in with legislation that has affected the rules governing private enforcement of the antitrust laws. But throughout the many decades of litigation and legislation, the core enforcement scheme has remained intact. In Congress, the Judiciary Committees in the House of...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.