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Twenty-five Years of the New Jersey Antitrust Act

NCJ Number
Seton Hall Law Review Volume: 26 Issue: 2 Dated: (1996) Pages: 637-684
B D Greenberg; G K Wolinetz
Date Published
48 pages
This is a look at the law developed under the New Jersey Antitrust Act and issues still remaining, with special attention to the effect of Federal antitrust law upon the Act, and any differences that have emerged between federal and New Jersey law.
The authors review the purposes and features of the Act in the following chapters: (1) The Purposes of the Act: Protecting the Public, Encouraging Interbrand Competition; (2) Restraint of Trade: The Per Se Rule, The Rule of Reason (Defining the Relevant Market, Demonstrating Anticompetitive Effects), Substantive Antitrust Violations (Illegal Tying, Group Boycott/Refusals to Deal, Price-Fixing, Vertical Non-Price Restraints, Price-Discrimination, Predatory Pricing); (3) Monopolization; and (4) Procedural Issues (Jurisdiction, Jury Trial Rights, Summary Judgment, Exemptions, Remedies, Standing). New Jersey courts are not bound to adhere to Federal procedural requirements in construing the Act. Practitioners should be cognizant of New Jersey's treatment of antitrust issues, both substantive and procedural, especially if they have a choice between filing suit in state court under the Act or in Federal court under Federal antitrust laws. Footnotes


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