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Full-Text Articles in Legal Remedies
Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane
Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane
Book Chapters
Over the course of her extraordinary career, Eleanor Fox has contributed in many vital ways to our understanding of the importance of institutional analysis in antitrust and competition law. Most importantly, Eleanor has become the leading repository of knowledge about what is happening around the globe in the field of competition law and its enforcement institutions. At a time when much of the field of antitrust was moving in the direction of theoretical generalization, formal modeling, game theory, and the like, Eleanor tirelessly worked the globe to discover the actual practice of competition law in the world. She left no …
Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins
Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins
Michigan Law Review
This Note argues that private parties should be permitted to bring suits for divestiture under section 16 of the Clayton Act. Part I analyzes the language of section 16 and the relevant legislative history of the Clayton Act and concludes that Congress did not intend to limit the injunctive relief available to private parties. Part II argues that courts should be free to exercise their broad equity powers to grant the most appropriate and effective relief, including divestiture, to an injured plaintiff. Finally, Part III contends that policy considerations disfavor omitting divestiture from the types of equitable remedies that a …
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note explores the possible interpretations of the "cost of suit" provision and the policies which it implicates. It concludes that the Copper Liquor interpretation best advances the goals of the antitrust laws set forth by Congress and the courts. Part I examines the development of the present controversy among the circuits. Part II analyzes and refutes the arguments which have been set forth in support of the traditional rule. Part III explores the policy considerations which underlie private treble damage actions and concludes that the Copper Liquor interpretation of the "cost of suit" provision serves them better than does …
Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review
Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review
Michigan Law Review
This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.
The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin
The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin
Michigan Law Review
The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.