Discretionary Tremble Damages in Private Antitrust Suits ...: Hearing ... on H.R. 4597 ... May 26, 19531953 - 60 pages |
Common terms and phrases
1st sess 2d sess 51 Congressional Record 81st Cong actual damages amend section American Bar Association antitrust field antitrust laws Attorney award of damages bill CHAFFETZ Chairman CHAUNCEY CHAUNCEY W CISE Clayton Act commerce Congress cost of suit criminal CRUMPACKER damages in private decision defendant defendant's Defense Production Act deterrent discretion discretionary treble damages DONOHUE double damages enacted exceed twofold fact Federal Government hearings on H. R. House of Representatives Housing and Rent injured judicial jury KEATING lawyer legislative history mandatory treble damages ment Milwaukee Towne motion-picture overcharge penalty person plaintiff Portal Act Portal to Portal Price Control Act price discrimination private actions private antitrust private parties punitive damages question reasonable attorney's fee recovery REED Rent Act Robinson-Patman Act section of antitrust Senate Sherman Act Stat statement statute of limitations Study of Monopoly Supreme Court tion treble damage provision twofold his actual United unlawful WILLIS
Popular passages
Page 43 - That any person who shall be 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 11 - No longer can the time-honored cry of "fishing expedition" serve to preclude a party from inquiring into the facts underlying his opponent's case.* Mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation. To that end, either party may compel the other to disgorge whatever facts he has in his possession.
Page 40 - In such action, the seller shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is the greater: (1) Such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine...
Page 36 - a final judgment . . . rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws . . . shall be prima facie evidence against such defendant . . . .
Page 39 - States the sum of $2,000 for each such act, and double the amount of any damage which the United States may have sustained by reason thereof, together with the costs of suit...
Page 50 - The interest of the public in the preservation of competition is a primary consideration. The prohibitions of the statute cannot be evaded by good motives.
Page 44 - Since precision of expression is not an outstanding characteristic of the Robinson-Patman Act, exact formulation of the issue before us is necessary to avoid inadvertent pronouncement on statutory language in one context when the same language may require separate consideration in other settings.
Page 39 - ... the full sum of royalties due at said rate at the date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount.
Page 40 - Act of 1938, as amended, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section 16 (b) of such Act. SEC. 12. APPLICABILITY OF "AREA OF PRODUCTION
Page 39 - ... States of competent jurisdiction a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be.