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 - Antitrust law |
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alleged 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 THE LIBRARY conspiracy Corp Corporation costs defendant food chains direct purchasers distribution chain duplicative recoveries effect Everest & Jennings fact Federal filed fixing Handler Hanover Shoe Illinois Brick Co Illinois Brick decision increase indirect injured involved issue judicial Justice LACOVARA lawsuit lawyers legislation liability LIBRARY OF CONGRESS meat Milton Handler overrule packers parens patriae parties pass-on defense passed passing-on pending percent plaintiffs potential plaintiffs price-fixing problems proposed recover remedy result retail food chains retroactive Safeway sellers Senator ALLEN Senator HATCH Sherman Act Shoe and Illinois slaughterers Southern District statute subcommittee Sugar suits suppliers Supreme Court testimony tion treble damage United Western Sugar Co wheat wheelchair wholesale Yellow Sheet
Popular passages
Page 35 - 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 431 - ... the court finds that the 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 256 - 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 285 - Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the government for use in the performance of their duties.
Page 280 - 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 39 - 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 123 - 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 256 - 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.
Page 39 - ... Without jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause. And this is not less clear upon authority than upon principle. Several cases were cited by the counsel for the petitioner in support of the position that jurisdiction of this case is not affected by the repealing act. But none of them, in our judgment, afford any...
Page 33 - Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 HARV.