Author: Barak D. Richman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on legal formalism, fostered both by the Supreme Court's elaboration of the indirect purchaser rule and the doctrine's failure to recognize the pervasiveness of multilayer supply chains. In this Article, we argue for a return to functionalist antitrust objectives. We review the development of the doctrine, explain its descent into formalism, identify its significant shortcomings, and offer a comprehensive framework that addresses the difficult problem of antitrust standing. Building off that framework, and drawing on lessons from securities law, we propose a mechanism that opens antitrust suits to indirect purchasers, consolidates multiple claims into a single proceeding, and designates a presumptive lead plaintiff. Such a mechanism will enhance the impact of underenforced antitrust laws, restore compensation to injured parties, and reduce the administrative and agency costs of parallel litigation.
Rebuilding Illinois Brick
Author: Barak D. Richman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on legal formalism, fostered both by the Supreme Court's elaboration of the indirect purchaser rule and the doctrine's failure to recognize the pervasiveness of multilayer supply chains. In this Article, we argue for a return to functionalist antitrust objectives. We review the development of the doctrine, explain its descent into formalism, identify its significant shortcomings, and offer a comprehensive framework that addresses the difficult problem of antitrust standing. Building off that framework, and drawing on lessons from securities law, we propose a mechanism that opens antitrust suits to indirect purchasers, consolidates multiple claims into a single proceeding, and designates a presumptive lead plaintiff. Such a mechanism will enhance the impact of underenforced antitrust laws, restore compensation to injured parties, and reduce the administrative and agency costs of parallel litigation.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on legal formalism, fostered both by the Supreme Court's elaboration of the indirect purchaser rule and the doctrine's failure to recognize the pervasiveness of multilayer supply chains. In this Article, we argue for a return to functionalist antitrust objectives. We review the development of the doctrine, explain its descent into formalism, identify its significant shortcomings, and offer a comprehensive framework that addresses the difficult problem of antitrust standing. Building off that framework, and drawing on lessons from securities law, we propose a mechanism that opens antitrust suits to indirect purchasers, consolidates multiple claims into a single proceeding, and designates a presumptive lead plaintiff. Such a mechanism will enhance the impact of underenforced antitrust laws, restore compensation to injured parties, and reduce the administrative and agency costs of parallel litigation.
Brick Streets in Illinois
Author: Royce Baier
Publisher:
ISBN:
Category : Pavements
Languages : en
Pages : 20
Book Description
Publisher:
ISBN:
Category : Pavements
Languages : en
Pages : 20
Book Description
Restoring Effective Enforcement of the Anti-trust Laws
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 514
Book Description
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 514
Book Description
New Jersey Ceramist
Reconstruction and Production
Author: United States. Congress. Senate. Select Committee on Reconstruction and Production
Publisher:
ISBN:
Category : Building
Languages : en
Pages : 1210
Book Description
Publisher:
ISBN:
Category : Building
Languages : en
Pages : 1210
Book Description
Reconstruction and Production
Reconstruction and Production. Hearings Before the Select Committee on Reconstruction and Production, United States Senate, Sixty-sixth Congress, Third Session, Pursuant to S. Res. 350 Authorizing the Appointment of a Committee to Inquire Into the General Building Situation and to Report to the Senate Before December 1, 1920, Such Measures as May be Deemed Necessary to Stimulate and Foster the Development of Construction Work in All Its Forms ... Printed for the Use of the Select Committee on Reconstruction and Production
Author: United States. Congress. Senate
Publisher:
ISBN:
Category : Coal trade
Languages : en
Pages : 1210
Book Description
Publisher:
ISBN:
Category : Coal trade
Languages : en
Pages : 1210
Book Description
Compliments of the Illinois Brick and Tile Association
Author: Illinois Brick and Tile Association
Publisher:
ISBN:
Category : Clay industries
Languages : en
Pages : 14
Book Description
Publisher:
ISBN:
Category : Clay industries
Languages : en
Pages : 14
Book Description