Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4

Actions brought by States Attorney General

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Actions brought by States Attorney General

  • Can enforce State antitrust laws which overlap w/federal laws

  • States AGs may sue under a provision in the federal antitrust laws that allow them to bring suits parens patriae on behalf of residents of the relevant state (akin to a private action)

  • Statistical data can be used to prove aggregate damages and the payment of damages can go into one big-fund (termed “fluid recovery”)

  • Can sue even if FTC has already sued and later consented to the acquisition of stock at issue

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