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Private Enforcement of Antitrust Law in the United States

A Handbook Edited by Albert A. Foer, President, American Antitrust Institute, Washington, DC, US and Randy M. Stutz, Director of Special Projects, American Antitrust Institute, Washington, DC, US
Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.
Extent: 432 pp
Hardback Price: £155.00 Web: £139.50
Publication Date: 2012
ISBN: 978 0 85793 959 3
Availability: In Stock
Paperback Price: £39.00 Web: £31.20
Publication Date: 2013
ISBN: 978 1 78100 593 4
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  • Law - Academic
  • Competition and Antitrust Law
  • Law - Professional
  • Competition and Antitrust Law
Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing 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.
‘The Handbook is one of the most practical and strategic looks at the formulation and conduct of private treble litigation available. It is practically unique in going beyond the substance of the antitrust law and giving the reader a peek behind the curtain as to how private antitrust litigation actually functions. It will prove to be of great value to students and practitioners, both inside and outside the United States, who want to understand what really occurs in and outside the courtroom.’
– World Competition: Law and Economics Review
Contributors: W.K. Arends, A.C. Briggs, W.J. Bruckner, P.B. Clayton, C.C. Corbitt, E.L. Cramer, M.B. Eisenkraft, A.A. Foer, A.J. Gaughan, P. Gilbert, J. Goldberg, D.E. Gustafson, M.D. Hausfeld, K. Kinsella, R.H. Lande, J. Langenfeld, S. Martin, K.J.L. O’Connor, H.L. Renfro, J.D. Richards, V. Romanenko, J.L. Rubin, M.R. Salzwedel, A.E. Shafroth, D.C. Simons, S.P. Slaughter, R.M. Stutz, B.E. Sweeney, J. Tabacco, M.J. Waters, S. Wheatman, K.C. Wildfang, G.G. Wrobel, J.A. Zahid
Contents:

Preface
Albert A. Foer and Randy M. Stutz

Introduction: Benefits of Private Enforcement
Robert H. Lande

1. Defining Antitrust Violations in the United States
Bonny E. Sweeney

2. Pre-complaint Activities
Craig C. Corbitt, Judith A. Zahid and Patrick B. Clayton

3. Parties Entitled to Pursue a Claim
Eric L. Cramer and Daniel C. Simons

4. Initiation of a Private Action
Michael D. Hausfeld

5. Class Actions
J. Douglas Richards, Michael B. Eisenkraft and Abigail E. Shafroth

6. Procedural Defenses Short of Trial
Jonathan L. Rubin

7. Pretrial Discovery in Civil Litigation
Joseph Goldberg and Dan E. Gustafson

8. Economic Experts
James Langenfeld, Gregory G. Wrobel and Michael J. Waters

9. Plaintiffs’ Remedies
W. Joseph Bruckner and Matthew R. Salzwedel

10. Funding Litigation
K. Craig Wildfang and Stacey P. Slaughter

11. Interaction of Public and Private Enforcement
Kevin J.L. O’Connor, Anthony J. Gaughan, Hannah L. Renfro, Adam C. Briggs and Wendy K. Arends

12. Settlement Practice from Both a Plaintiff and Defense Perspective
Joseph Tabacco and Scott Martin

13. Class Notice and Claims Administration
Katherine Kinsella and Shannon Wheatman

14. Cy Pres as a Remedy in Private Antitrust Litigation
Albert A. Foer

15. Proposals for Reform
Pamela Gilbert and Victoria Romanenko

Index