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Private Enforcement Of Antitrust Law In The United States

Private Enforcement Of Antitrust Law In The United States A Handbook

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781781005934
  • Published In: September 2013
  • Format: Paperback , 432 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    ‘The 2012 Handbook is one of the most practical and strategic looks at the formulation and conduct of private treble litigation available. It is practically unique in going beyond the substance of the antitrust law and giving the reader a peek behind the curtain as to how private antitrust litigation actually functions. It will prove to be of great value to students and practitioners, both inside and outside the United States, who want to understand what really occurs in and outside the courtroom.’
    – World Competition: Law and Economics Review

    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.

    Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners.

    This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.

  • Preface
    Albert A. Foer and Randy M. Stutz

    Introduction: Benefits of Private Enforcement
    Robert H. Lande

    1. Defining Antitrust Violations in the United States
    Bonny E. Sweeney

    2. Pre-complaint Activities
    Craig C. Corbitt, Judith A. Zahid and Patrick B. Clayton

    3. Parties Entitled to Pursue a Claim
    Eric L. Cramer and Daniel C. Simons

    4. Initiation of a Private Action
    Michael D. Hausfeld

    5. Class Actions
    J. Douglas Richards, Michael B. Eisenkraft and Abigail E. Shafroth

    6. Procedural Defenses Short of Trial
    Jonathan L. Rubin

    7. Pretrial Discovery in Civil Litigation
    Joseph Goldberg and Dan E. Gustafson

    8. Economic Experts
    James Langenfeld, Gregory G. Wrobel and Michael J. Waters

    9. Plaintiffs’ Remedies
    W. Joseph Bruckner and Matthew R. Salzwedel

    10. Funding Litigation
    K. Craig Wildfang and Stacey P. Slaughter

    11. Interaction of Public and Private Enforcement
    Kevin J.L. O’Connor, Anthony J. Gaughan, Hannah L. Renfro, Adam C. Briggs and Wendy K. Arends

    12. Settlement Practice from Both a Plaintiff and Defense Perspective
    Joseph Tabacco and Scott Martin

    13. Class Notice and Claims Administration
    Katherine Kinsella and Shannon Wheatman

    14. Cy Pres as a Remedy in Private Antitrust Litigation
    Albert A. Foer

    15. Proposals for Reform
    Pamela Gilbert and Victoria Romanenko

    Index

  • Edited by Albert A. Foer, President, American Antitrust Institute, Washington, DC, US and Randy M. Stutz, Director of Special Projects, American Antitrust Institute, Washington, DC, US

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