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

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• FRCP Rule 23(c) Class Actions • Notice to class members • Opt-out opportunity • Preclusive effect of judgment on all class members who did not opt out • FRCP Rule 23(e) • Settlements must be approved by court • FRCP Rule 23(h) • Court must approve award of attorneys fees and costs 34
Pre-trial discovery • Rule 26(b): • “The scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense— including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter.” • Forms of Discovery: • Depositions • Interrogatories • Production and inspection of documents and other property • Requests for admission 35
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 and 28: • Overcharge of 2¢ per 100 brick
Page 29 and 30: Pleading Requirements • Bell Atla
Page 31 and 32: Twombly -- Competing Views of Natur
Page 33: Class Actions • FRCP Rule 23 -- 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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