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The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
Edward D. Cavanagh
Europeans are considering adoption of a private right of action in antitrust cases. They are hesitant, however, because of their concern that American approach--notice pleading, broad pretrial discovery, mandatory treble damages, runaway juries, attorneys' fees for prevailing plaintiffs (but not prevailing defendants) and class actions--is a "toxic cocktail" that will corrupt their system. I argue that (1) the private recovery system is on balance beneficial to antitrust enforcement; (2) many of the perceived problems with the US system--notice pleading, broad discovery, juries--are not present in European courts; (3)upon examination, the US system is not really toxic: and (4) if the …
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
Edward D. Cavanagh
Europeans are considering adoption of a private right of action in antitrust cases. They are hesitant, however, because of their concern that American approach--notice pleading, broad pretrial discovery, mandatory treble damages, runaway juries, attorneys' fees for prevailing plaintiffs (but not prevailing defendants) and class actions--is a "toxic cocktail" that will corrupt their system. I argue that (1) the private recovery system is on balance beneficial to antitrust enforcement; (2) many of the perceived problems with the US system--notice pleading, broad discovery, juries--are not present in European courts; (3)upon examination, the US system is not really toxic: and (4) if the …
Vertical Price Restraints After Leegin, Edward D. Cavanagh
Vertical Price Restraints After Leegin, Edward D. Cavanagh
Edward D. Cavanagh
Vertical Price Restraints After Leegin This article analyzes the Supreme Court’s decision in Leegin Creative Leather Products, Inc v. PSKS, Inc., 127 S. Ct. 2705 (2007). The article traces the history of vertical price fixing and acknowledges that the case law has been confusing and inconsistent and that there are good reasons to treat vertical price restraints differently from horizontal price restraints. Nevertheless, it argues that the Leegin decision was both wrong on the law and bad policy and that resale price maintenance remains a significant threat to competition. At the same time, it rejects a restoration of the per …
Twombly: The Demise Of Notice Pleading, The Triumph Of Milton Handler And The Uncertain Future Of Private Antitrust Enforcement, Edward D. Cavanagh
Twombly: The Demise Of Notice Pleading, The Triumph Of Milton Handler And The Uncertain Future Of Private Antitrust Enforcement, Edward D. Cavanagh
Edward D. Cavanagh
No abstract provided.