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



Download 236.98 Kb.
Page12/75
Date04.04.2021
Size236.98 Kb.
1   ...   8   9   10   11   12   13   14   15   ...   75

Private Actions


  • Judgment for the gov’t is prima facie evidence of violation in a private suit against the same Δ

  • Class actions – all Δs are jointly and severally liable for treble damages
        1. Damages


  • Successful πs get treble damages = 3 times their losses + attorney’s fees

  • π can also get injunctive relief (π must be threatened w/an antitrust injury)

  • Overcharged buyer can recover entire artificial price increase charged by seller/Δ; seller/Δ is not relieved of liability if buyer/π passed on the overcharge to downstream purchasers

  • Illinois Brick Rule – indirect purchasers harmed by a price-fix cannot assert that the direct purchaser passed on the overcharge to them (cases brought by indirect purchasers are normally dismissed for lack of recoverable damages)

  • Exception – indirect purchaser and party to an arrangement that d/n present the complex problems of tracing may be allowed to prove passed-on overcharges (narrowly construed)

        1. Directory: sites -> default -> files -> upload documents
          upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
          upload documents -> Federalism – The Structure of Government
          upload documents -> General Info About Property law
          upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
          upload documents -> Property with Professor Vicki Been
          upload documents -> Property Outline – Professor Upham, Spring 2000
          upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
          upload documents -> Complex federal investigations
          upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
          upload documents -> Pricing v. Sanctions


          Share with your friends:
1   ...   8   9   10   11   12   13   14   15   ...   75




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page