Download Free In Praise Of Private Antitrust Litigation Book in PDF and EPUB Free Download. You can read online In Praise Of Private Antitrust Litigation and write the review.

In 2017, Professor Alexandra Lahav of the University of Connecticut School of Law published an impressive book entitled In Praise of Litigation. She argues that private civil litigation in the United States is an important tool for democracy. In the preface and introduction, she explains how private civil litigation promotes American democracy:Lawsuits enforce the law by forcing wrongdoers to answer for their conduct; they increase transparency by eliciting information from their adversaries that often benefits the public, and in doing so, they help people participate in self-government. All of this is possible when courts treat litigants as social equals before the law.She is not blind to the costs of the civil litigation system, but contends that those costs are often exaggerated, and the societal benefits usually underappreciated. She emphasizes that disputes about the institutions and procedure of litigation are often merely a proxy for disagreements about the proper types of regulation of potentially harmful conduct. Antitrust is only a minor aspect of Lahav's arguments and discussions. She focuses on the more general mix of civil litigation in state and federal court and showcases a variety of examples involving civil rights, employment discrimination, and tort cases. Professor Lahav's arguments are an excellent jumping off point for how private antitrust litigation has been systematically undervalued and how private claims contribute to the proper functioning of competition policy. In this essay, I argue that private treble damage litigation promotes the four values identified by Lahav: enforcement, transparency, participation, and equality before the law. I also argue that the preference for public over private antitrust enforcement cannot be justified in the text, history, or policy goals of antitrust objectives, with the rare exception of a case involving major structural relief or substantial harm to the foreign policy or the national interests of the United States. I end with a brief look at a likely future where private enforcement continues to be restricted and underserved in the United States, encouraged and nurtured abroad, and how we can do better.
Here For The first time is a comprehensive one-volume analysis that helps you to evaluate and successfully bring or defend a private antitrust suit. With Private Antitrust Actions you'll know exactly what it takes to determine if a party has standing to bring a civil antitrust suit, take advantage of (or overcome) available exemptions and immunities, and counsel any business on effective antitrust strategy. With detailed information on how the amount of the award is calculated, you'll be able to evaluate each case for potential recovery (or costs) and attorney's fees. And you'll also see how the federal courts are now interpreting and applying standards governing such matters as: Antitrust injury and standing Federal preemption Insurance exemption for HMOs and managed care plan Labor exemption and professional sports State action immunity Statute of limitations and fraudulent concealment Class certification and settlement Summary judgment and judgment as a matter of law Expert testimony in establishing damages ...plus in-depth exploration of areas where conflicting authority and unresolved questions persist.
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
Author is an alumnus of Evanston Township High School, class of 1970.