Contribution and Claim Reduction in Antitrust Litigation PDF Download
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Author: Daniel M. Wall
Publisher: American Bar Association
ISBN: 9780897072267
Category : Law
Languages : en
Pages : 100
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Book Description
This paperback work discusses the major arguments for and against contribution and claim reduction legislation.
Author: Daniel M. Wall
Publisher: American Bar Association
ISBN: 9780897072267
Category : Law
Languages : en
Pages : 100
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Book Description
This paperback work discusses the major arguments for and against contribution and claim reduction legislation.
Author: Griffin B. Bell
Publisher: Public Interest
ISBN:
Category : Law
Languages : en
Pages : 52
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 788
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Book Description
Author: A. Mitchell Polinsky
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 51
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 692
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Book Description
Author: Joseph Angland
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Three elements of the antitrust remedial scheme - joint and several liability, the absence of a right to contribution, and the offsetting of settlements against pre-trebled damages - combine to create several unfair results. Similarly situated defendants can be forced to bear very different shares of a damage award at a plaintiff's whim, and defendants collectively face incentives to settle for more than the sum of their expected liabilities at trial. The elimination of joint and several liability would solve these fairness problems, but it would create another one in that the plaintiff, rather than other conspirators, would be forced to bear the risk of a defendant's being unable to pay a judgment. Creating a right of contribution among coconspirators and reducing pre-trebled damages by the share attributable to a settling defendant is a preferable solution. It would redress the fairness problems without impairing a plaintiff's right to full compensation. Such contribution and claim reduction, moreover, would not undermine deterrence, discourage fair settlement, or create severe problems of administrability.
Author: Morten Hviid
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
To date the experience of the incidence of private actions for damages in antitrust cases has differed markedly across jurisdictions. The procedural rules surrounding private litigation may account for some of these differences. This paper explores the effect of rules concerning contribution among multiple defendants who are joint and severally liable for a cartel infringement. The no-contribution rule is shown to lead to higher levels of aggregate damages and more information revelation to the private plaintiff. However, the no-contribution rule also has the potential to neuter any public leniency programme, thereby possibly reducing the number of cartels detected.
Author: Association of the Bar of the City of New York. Committee on Antitrust and Trade Regulation
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 42
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Book Description
Author: Robert Bork
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536
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Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 632
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Book Description
