Enforcement Aspects of American Antitrust Law Prof. Joseph P. Bauer

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Antitrust Enforcement and Federal Rules of Civil Procedure • Background and history of Federal Rules of Civil Procedure • http://www.uscourts.gov/uscourts/RulesAndPolici es/rules/2010%20Rules/Civil%20Procedure.pdf • Rules of particular importance to antitrust enforcement • Pleading – Rules 8 and 12 • Class Actions – Rule 23 • Pre-trial discovery – Rule 26-37 • Settlements – Rule 23 28
Pleading Requirements • Bell Atlantic v. Twombly, 550 U.S. 544 (2007) • Central procedural issue: What are the standards regarding the sufficiency of pleading an antitrust claim, consistent with the requirements of the Federal Rules? • FRCP Rule 8(a)(2) requires the complaint to contain “a short and plain statement of the claim showing that the pleader is entitled to relief” • Antitrust issue: When the plaintiff alleges a violation of Sherman §1, what are the pleading standards, regarding the allegations which would support inferences of agreement/plurality? 29
Page 1 and 2: Enforcement Aspects of American Ant
Page 3 and 4: Purposes of Antitrust Laws • Prom
Page 5 and 6: Content of Antitrust Laws Sherman A
Page 7 and 8: Content of Antitrust Laws Sherman A
Page 9 and 10: Content of Antitrust Laws • Feder
Page 11 and 12: • Criminal and Civil • Civil
Page 13 and 14: Enforcement of Antitrust Laws by
Page 15 and 16: Private Enforcement of Antitrust La
Page 17 and 18: Reach of Antitrust Laws Foreign com
Page 23 and 24: Standing Requirements for Private E
Page 25 and 26: Indirect Purchaser Rule • Hanover
Page 27: • Overcharge of 2¢ per 100 brick
Page 31 and 32: Twombly -- Competing Views of Natur
Page 33 and 34: Class Actions • FRCP Rule 23 -- B
Page 35 and 36: Pre-trial discovery • Rule 26(b):
Page 37: Right to trial by Jury • U.S. Con

Enforcement Aspects of American Antitrust Law Prof. Joseph P. Bauer

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