Antitrust Damage Allocation: Hearings Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, Ninety-seventh Congress, First and Second Sessions, on Antitrust Damage Allocation, October 21, 1981; March 3, 18, June 9, and September 9, 1982U.S. Government Printing Office, 1983 - 628 páginas |
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Términos y frases comunes
actual damages amount anti antitrust defendants antitrust enforcement antitrust laws antitrust litigation antitrust violations apply Attorney BAXTER bill Burlington Industries cartel Chairman RODINO claim reduction class action Clayton Act co-conspirators Committee companies complexity conduct Congress conspiracy conspirators contribution and claim contribution claims contribution legislation contribution rights contribution shares Corp Corporation Corrugated costs counsel criminal cross-claims culpability damages attributable defendant's Discussion Draft district court fairness federal filed fixing going horizontal price-fixing intentional involved issue joint Judge judgment judicial jury Justice lawyers Leesona market share McCLORY Mead ment Milliken & Co million nolo contendere parties pending percent permit plaintiff Plywood potential liability private antitrust problem proposal question result retroactive right of contribution risk rule of reason SEIBERLING Senate settlement settling defendant sharing agreements Sherman Act SIMS single damages statute Subcommittee Supreme Court SUSMAN Texas Industries tion tort tortfeasors treble damage remedy trial trust laws unfair
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Página 580 - That any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
Página 395 - Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation.
Página 626 - But even if this argument were more persuasive than it is, it could hardly be accepted. For, at bottom, it asks us to continue the operation of an archaic rule because its facile application out of court yields quick, though inequitable, settlements, and relieves the courts of some litigation. Congestion in the courts cannot justify a legal rule that produces unjust results in litigation simply to encourage speedy out-of-court accommodations. Finally, the respondent suggests that the creation of...
Página 204 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing...
Página 509 - Wherever the law draws a line there will be cases very near each other on opposite sides. The precise course of the line may be uncertain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk.
Página 509 - But apart from the common law as to restraint of trade thus taken up by the statute the law is full of instances where a man's fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment is wrong, not only may he incur a fine or a short imprisonment, as here; he may incur the penalty of death.
Página 604 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.
Página 615 - Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 342 US 282, 72 S.Ct. 277, 96 L.Ed. 318...
Página 323 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Página 577 - The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co., 200 US 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus KELLY, CONNECTICUT CHIEF STATE'S ATTORNEY, ET AL.