Nolo Contendere and Private Antitrust Enforcement: Hearings Before the Subcommittee on Antitrust and Monopoly ... 89-2, Pursuant to S.Res. 191 on S. 2512, May 11; July 12, 13, 15, 19661967 - 324 pages |
Common terms and phrases
American antitrust laws antitrust violation Ass'n Association Attempt to monopolize bill CHUMBRIS claimed and reason Clayton Act Company Consent decree consent judgments conspiracy to deny Conspiracy to monopolize countered by damage criminal D-Mfr D-Motion picture damage action alleging Damages claimed damages shown dealer decision and reason defendants deny P films Department of Justice Discriminated distributors ducers Federal Federal Trade Commission follow Government suit found guilty H. K. Porter hibitor judgment or decree Loew's Inc Lower court ruled ment misuse of patents nolo contendere nolo contendere plea nolo plea obtaining films Opposed order to monopolize P-Mfr P-Motion picture ex pari delicto patent misuse patents in order plaintiffs plea of nolo Price discrimina price fixing price fixing conspiracy private litigant reason for damage reason for decision Refusal to deal S.D. Calif Senator HART Statute of limitations Supp tion treble damage trial trust law
Popular passages
Page 164 - ... 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.
Page 64 - A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws to the effect that a defendant has violated said laws shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under said laws or by the United States under section 4A, as to all matters respecting which said judgment or decree would be an estoppel as between the...
Page 165 - That a final judgment or decree hereafter rendered in any criminal prosecution or in any suit or proceeding in equity brought by or on behalf of the United States under the antitrust laws to the effect that a defendant has violated said laws shall be prima facie evidence against such defendant in any suit or proceeding brought by any other party against such defendant under said laws as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto...
Page 113 - States under section 4A, as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto: Provided, That this section shall not apply to consent judgments or decrees entered before any testimony has been taken or to judgments or decrees entered in actions under section 4A.
Page 106 - Any action to enforce any cause of action under sections 4 or 4A shall be forever barred unless commenced within four years after the cause of action accrued.
Page 113 - ... or proceeding brought by any other party against such defendant under said laws as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto: Provided, This section shall not apply to consent judgments or decrees entered before any testimony has been taken...
Page 77 - It is not fair that the private litigant should be obliged to set up and establish again the facts which the Government has proved. He can not afford, he has not the power, to make use of such processes of inquiry as the Government has command of. Thus shall individual justice be done while the processes of business are rectified and squared with the general conscience.
Page 161 - We suggested that, in view of the questions which have been raised at the hearings before the Subcommittee on Antitrust and Monopoly Legislation of the Senate Committee on the Judiciary...
Page 15 - The court may refuse to accept a plea of guilty and should not accept the plea without first determining that it is made voluntarily with understanding of the nature of the charge.
Page 106 - ... the running of the statute of limitations in respect of every private right of action arising under said laws and based in whole or in part on any matter complained of...