Private Enforcement of Antitrust Law in the United States: A Handbook

This comprehensive Handbook provides a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.

Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners.

This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.

Contributors include: W.K. Arends, A.C. Briggs, W.J. Bruckner, P.B. Clayton, C.C. Corbitt, E.L. Cramer, M. Eisenkraft, A.A. Foer, A.J. Gaughan, P. Gilbert, J. Goldberg, D.E. Gustafson, M.D. Hausfeld, K. Kinsella, R.L. Lande, J. Langenfeld, S. Martin, K. O’Connor, H.L. Renfro, J.D. Richards, V. Romanenko, J.L. Rubin, M.R. Salzwedel, A. Shafroth, D.C. Simons, S.P. Slaughter, R.M. Stutz, B. Sweeney, J. Tabacco, M.J. Waters, S. Wheatman, K.C. Wildfang, G.G. Wrobel, J.A. Zahid

Contents

Introduction: Benefits of Private Enforcement: Empirical Background

1. Defining Antitrust Violations in the United States

2. Pre-complaint Activities

3. Parties Entitled to Pursue a Claim

4. Initiation of a Private Action

5. Class Actions

6. Procedural Defenses Short of Trial

7. Pretrial Discovery in Civil Litigation

8. Economic Experts<br>9. Plaintiffs’ Remedies

10. Funding Litigation

11. Interaction of Public and Private Enforcement

12. Settlement Practice from Both a Plaintiff and Defense Perspectives

13. Class Notice and Claims Administration

14. Cy Pres as a Remedy in Private Antitrust Litigation

15. Proposals for Reform

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