Fair and Effective Enforcement of the Antitrust Laws, S. 1874: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, First [-second] Session ....U.S. Government Printing Office, 1978 |
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alleged Amended and Substituted antitrust enforcement antitrust laws antitrust litigation antitrust violations apply attorneys beef bill Brick and Hanover California cattle cattlemen Chairman claims class action Clayton Act co-conspirators committee Company complex Congress conspiracy consumers Corp Corporation costs defendant food chains direct purchasers distribution chain duplicative recoveries effect electrical equipment Everest & Jennings fact Federal filed fixing Handler Hanover Shoe Illinois Brick Co Illinois Brick decision indirect injured involved issue judicial Justice LACOVARA lawsuit legislation liability ment Milton Handler overrule parens patriae parties pass-on defense passed passing-on pending percent plaintiffs potential pretrial price-fixing problems proposed recover remedy result retail food chains retroactive rule Safeway sellers Senator ALLEN Senator HATCH Sherman Act Shoe and Illinois slaughterers Southern District statute subcommittee Substituted Complaint Sugar suits suppliers Supreme Court testimony tion treble damage United Western Sugar Co wheat wheelchair wholesale Yellow Sheet
Popular passages
Page 41 - The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.
Page 258 - The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and with indignation that sudden changes and legislative interferences in cases affecting personal rights become jobs in the hands of enterprising and influential speculators and snares to the more industrious and less informed part of the community.
Page 150 - In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 164 - Mandeville Island Farms, Inc. v. American Crystal Sugar Co., 334 US 219, 236; cf. Perma Life Mufflers, Inc. v. International Parts Corp., 392 US 134, 138-139. And the legislative history of the Sherman Act demonstrates that Congress used the phrase 'any person' intending it to have its naturally broad and inclusive meaning.
Page 122 - holding . on the principle that a court is to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice or there is statutory direction or legislative history to the contrary.
Page 155 - Court, in Hanover Shoe, Inc. v. United Shoe Machinery Corp., 392 US 481 (1968), rejected this so-called "passing on...
Page 429 - ... questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
Page 45 - We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate jurisdiction of this court is given by express words.
Page 127 - In the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc. — the leave sought should, as the rules require, be 'freely given.
Page 258 - There is no such qualifying word of the "title or ownership" "claimed as against" the corporation by adverse possession. Construction, therefore, becomes necessary, and the first rule of construction is that legislation must be considered as addressed to the future, not to the past.