NCJ Number
42672
Date Published
1977
Length
90 pages
Annotation
THIS STUDY CONCERNS THE SETTLEMENT AND DISTRIBUTION OF SETTLEMENTS OF TREBLE-DAMAGE CLAIMS BROUGHT UNDER ANTITRUST LAW, AND CONSIDERS DISTRIBUTIONS TO BOTH THE STATE AND TO INDIVIDUAL CITIZENS AS CONSUMERS.
Abstract
SINCE THE ELECTRICAL EQUIPMENT PRICE-FIXING CONSPIRACY CASES IN THE EARLY 1960'S, THE STATES HAVE BEEN INCREASINGLY INVOLVED IN THE PROSECUTION OF CLAIMS FOR TREBLE DAMAGES UNDER THE CLAYTON ACT. SUCH ACTIONS HAVE BEEN BROUGHT SEEKING RECOVERY DUE TO VIOLATIONS OF THE ANTITRUST LAWS WHERE THE STATE AND ITS POLITICAL SUBDIVISIONS HAVE BEEN INJURED IN THEIR PROPRIETARY CAPACITY, AND WHERE THE CONSUMERS IN THE STATE HAVE BEEN INJURED AS THE ULTIMATE VICTIMS OF THE ANTITRUST LAW VIOLATIONS ALLEGED. THIS REPORT DESCRIBES TWO CLASSES OF DISTRIBUTIONS UNDER THESE SETTLEMENTS: THOSE INVOLVING DISTRIBUTIONS TO THE STATE'S POLITICAL SUBDIVISIONS AND AGENCIES AND THOSE INVOLVNG INDIVIDUAL CITIZENS AS CONSUMERS. TWO DISTRIBUTIONS TO STATE ENTITIES ARE DESCRIBED; THE WISCONSN DOCK COAL LITIGATION AND THE CAST IRON PIPE CASES. ISSUES INVOLVED IN CONSUMER CLASS DISTRIBUTIONS ARE ALSO REVIEWED, AND THE MOST SIGNIFICANT CONSUMER DISTRIBUTION CASES ARE DESCRIBED IN THIS REPORT. (AUTHOR ABSTRACT MODIFIED)...DMC