Prejudgment interest in antitrust litigation under the Clayton act
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Prejudgment interest in antitrust litigation under the Clayton act report together with supplemental and dissenting views to accompany H.R. 4048. by

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Published by U.S. Govt. Print. Off. in [Washington .
Written in English


  • Interest (Ownership rights),
  • Damages -- United States.,
  • Antitrust law -- United States.

Book details:

Edition Notes

SeriesHouse report - 96th Congress, 2d session ; no. 96-875
The Physical Object
Pagination18 p. ;
Number of Pages18
ID Numbers
Open LibraryOL15238498M

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Welcome! Log into your account. your username. your password. The International Handbook on Private Enforcement of Competition Law Edited by In addition to prejudgment interest, an antitrust plaintiff also may obtain an award of postjudgment interest. Congress intended postjudgment interest to compensate a suc- prevails in the litigation The Clayton Antitrust Act, however, provides a statutory. IV. CLAYTON ANTITRUST ACT §3 A. Sherman Antitrust Act §1 and Clayton Antitrust Act §3 Compared ; B. Common Types of Exclusive Dealing Arrangements ; C. Elements of Clayton Act §3 Offense 1. In Commerce ; 2. Applies Only to Lease or Sale of Commodities ; 3. Prejudgment interest is rarely awarded in an antitrust case. On Septem , the U.S. District Court for the District of New Jersey entered judgment for plaintiff and awarded prejudgment interest—possibly for the first time in an antitrust case. Judgment in a .

Prejudgment interest. In Cavalry SPV I, LLC v Watkins () 36 CA5th , the court of appeal held that a creditor could not ignore a contract’s interest provision and instead choose to collect prejudgment interest at the 10 percent rate under CC § See § Should Private Antitrust Enforcement Be. Clayton Act, provided for private enforcement of the antitrust laws. in particular because of the absence of prejudgment interest, treble. prejudgment interest provided under the Clayton Act. XI PRIVILEGES i Attorney–client privilege The attorney–client privilege protects confidential communications between an attorney and client made for the purpose of rendering or receiving legal advice, and applies in the antitrust context to the same extent as in other contexts. Prejudgment interest is rarely awarded in an antitrust case. On Septem 4, the U.S. Distr ict Court for the District of Ne w Jersey entered judgment for plai ntiff and awarde d.

NB: The statutory fee-shifting approach in Masimo does not strictly work in the Ready-Mix litigation, since Ready-Mix was a class action and attorney's fees are likely to awarded under the common fund doctrine rather than the Clayton Act. We will discuss the common fund doctrine when we talk about class actions. Litigation and Investigations. Covington litigators have a well-deserved reputation for handling novel, complex, and high-stakes disputes. After five-day bench trial, we convinced the Court to award full damages for an unpaid earn-out, plus prejudgment interest. In re K-Dur Antitrust Litigation Representing Schering-Plough (now Merck. Our US lawyers are a core component of our integrated, international law firm and have recognized strength in tax, private equity, mergers and acquisitions, health care, high-stakes litigation, antitrust, intellectual property, international trade, labor and employment, wealth management, and many other key areas of transactional and regulatory. The CAFC mostly affirmed, but reversed on the antitrust counterclaim. Attorneys Fees. In the court had awarded one group of defendants (the Manufacturing Parties) $ million in attorneys fees and another (Frosty Bites) $,, both under the Clayton Act.