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"To Say The Greatest Matters In The Simplest Way": A "First Economic Injury" Rule As A Restatement Of Directness Standing Requirements In Federal Antitrust Law, Christopher B. Durbin
"To Say The Greatest Matters In The Simplest Way": A "First Economic Injury" Rule As A Restatement Of Directness Standing Requirements In Federal Antitrust Law, Christopher B. Durbin
Washington Law Review
In addition to traditional constitutional standing analysis, federal antitrust law examines a potential plaintiff's claims under a series of specialized standing requirements. One of these requirements is that the plaintiff's injury be a "direct" result of the antitrust violator's misconduct. This requirement has been prominent in recent tobacco litigation where union health care trust funds sued the major tobacco companies in antitrust to recover the costs of treating nicotine-addicted beneficiaries. Federal courts generally denied standing to the trust funds for several reasons, one of which was the trust funds' failure to satisfy the directness requirements. This Comment analyzes the tests …
Antitrust In Japan: The Original Intent, Harry First
Antitrust In Japan: The Original Intent, Harry First
Washington International Law Journal
This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …