Effective Enforcement of the Antitrust Laws: Hearings Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, Ninety-fifth Congress, First Session, on H.R. 8359 ...
United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
U.S. Government Printing Office, 1978 - 511페이지
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action alleged allowed American amount antitrust laws antitrust violations Appeals asphalt Attorney authority bill brought cause Chairman charge City claims class action Clayton Act committee Company competitive concern Congress conspiracy construction consumers contractors Corp Corporation cost Court decision defendants denied determine direct distribution District Court economic effect enforcement evidence existing fact Federal filed fixing going Hanover Shoe held House illegal Illinois Brick increase indirect purchasers industry injury interest involved issue Judge judgment jury Justice legislation liability limited litigation manufacturer matter means merger noted opinion overcharge parties pass-on passed percent permit person plaintiffs practical present price-fixing problem Procedure proposed prove question reason recover recovery result retail rule Senate Sherman Standard standing statement statute steel suit supra tion TRADE treble damage trial ultimate United
404 페이지 - Any person who shall be Injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor In any circuit court of the United States In the district in which the defendant resides or Is found, without respect to the amount In controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. "Sec. 8. That the word 'person...
252 페이지 - Persons having an interest in the controversy, and who ought to be made parties, in order that the court may act on that rule which requires it to decide on, and finally determine the entire controversy, and do complete justice, by adjusting all the rights involved in it.
237 페이지 - That any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
124 페이지 - For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought...
300 페이지 - The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.
300 페이지 - One or more members of a class may sue or be sued as representative parties on behalf of all only If (1) the class Is so numerous that joinder of all members Is Impracticable.
300 페이지 - ... the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
323 페이지 - ... it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
320 페이지 - When a district judge. In making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an Immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order.
358 페이지 - States in the ratio which the population in municipalities and other urban places, of five thousand or more, in each State bears to the total population in municipalities and other urban places, of five thousand or more, in all the States as shown by the latest available Federal census : Provided, That Connecticut and Vermont towns shall be considered municipalities regardless of their incorporated status.