FAIR AND EFFECTIVE ENFORCEMENT OF THE ANTITRUST LAWS S 1874- HEARINGS BEFORE THE SUBCOMMITTEE ON ANTITRUST AND MONOPOLY

• NCJ Number: 49751
• Author(s): ANON
• Date Published: 1977
• Length: 310 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

A TRANSCRIPT IS PROVIDED OF SENATE HEARINGS ON A BILL WHICH WILL ALLOW CONSUMERS TO RECOVER DAMAGES INCURRED AS A RESULT OF ANTITRUST VIOLATIONS.

Abstract

SENATE BILL 1874 IS DESIGNED TO REINFORCE EXISTING ANTITRUST LEGISLATION BY ALLOWING CONSUMERS DIRECTLY AFFECTED BY A PRICE FIXING SCHEME OR OTHER ANTITRUST VIOLATIONS TO RECOVER THREE-FOLD THE AMOUNT OF THE ORIGINAL DAMAGES. JUDGES, ATTORNEYS GENERAL, STATE GOVERNORS, UNIVERSITY PROFESSORS, RANCHERS, AND LAWYERS REPRESENTING GROCERY MANUFACTURERS, CHAMBERS OF COMMERCE, AND COMMERCIAL ASSOCIATIONS SUBMITTED TESTIMONY ON A VARIETY OF CONSIDERATIONS IN THE BILL, INCLUDING: RETROACTIVITY, THE MULTIPLICITY OF SUITS PROBLEM, DAMAGES DETERMINATION, RESTRICTIONS ON MIDDLEMAN SUITS, THE IMPORTANCE OF PRIVATE PLAINTIFFS' SUITS, THE ALLOCATION OF DAMAGES, THE IMPACT ON RANCHERS, ALTERNATIVES TO THE BILL, THE SHIFT IN RESPONSIBILITY FROM THE COURTS TO THE FEDERAL TRADE COMMISSION, THE NEED FOR FURTHER STUDY, PROBLEMS IN THE LANGUAGE OF THE BILL, SUPPORT BY THE 50 STATES ATTORNEYS GENERAL, THE STATES' ROLE, THE BILL'S EFFECT ON PENDING CASES, CONSTITUTIONAL PROBLEMS, REPUBLICAN PROPOSALS TO LIMIT THE BILL TO PRICE FIXING, AND PROBLEMS WITH PRIVATE CLASS ACTION LAWSUITS. CORRESPONDENCE, SUPPLEMENTS TO TESTIMONY, AND THE TEXT OF A SUPREME COURT RULING ON AN ANTITRUST TREBLE-DAMAGE ACTION ARE APPENDED, ALONG WITH TABULAR AND GRAPHIC DATA AND A COPY OF THE BILL.