skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 49752 Add to Shopping cart Find in a Library
Title: ANTITRUST ENFORCEMENT ACT OF 1978 - REPORT OF THE SENATE COMMITTEE ON THE JUDICIARY
Author(s): ANON
Corporate Author: US Congress
Senate Cmtte on the Judiciary
United States of America
Date Published: 1978
Page Count: 59
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Congress
Washington, DC 20510
Publication Number: REPORT 95-934
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Legislative/Regulatory Material
Language: English
Country: United States of America
Annotation: THE COMMITTEE REPORTS FAVORABLY ON A BILL THAT WOULD PERMIT CONSUMERS, BUSINESSES, AND GOVERNMENTS INJURED BY ANTITRUST VIOLATIONS TO RECOVER DAMAGES REGARDLESS OF WHETHER THEY HAVE DEALT DIRECTLY WITH THE VIOLATOR.
Abstract: THE PROPOSED BILL WOULD AMEND SECTION 4 OF THE CLAYTON ACT SO THAT CONSUMERS--INDIVIDUALS, BUSINESSES, STATE GOVERNMENTS, FEDERAL AGENCIES, ETC.--THAT PURCHASE GOODS AND SERVICES FROM WHOLESALERS, RETAILERS, AND OTHER MIDDLEMEN WOULD NO LONGER BE BARRED FROM RECOVERING DAMAGES FOR INJURIES SUFFERED AS A RESULT OF AN ANTITRUST VIOLATION BY THE ORIGINAL MANUFACTURER OR PURVEYOR. FOR EXAMPLE, THE PATIENT WHO IS OVERCHARGED BY THE PHARMACY AS A RESULT OF ILLEGAL PRICE-FIXING ACTIVITIES BY DRUG MANUFACTURERS COULD, UNDER THE PROPOSED BILL, OBTAIN REDRESS FROM THE MANUFACTURER. THE BILL STANDS CONTRARY TO A 1977 FINDING BY THE U.S. SUPREME COURT THAT WOULD DENY SUCH REDRESS. THE COMMITTEE REPORT CITES JUDICIAL AND LEGISLATIVE PRECEDENT FOR OVERRULING THE SUPREME COURT'S FINDING, OFFERS AN EXPLANATION OF THE PROPOSED BILL AND THE CHANGES IT WOULD MAKE IN THE CLAYTON ACT, AND PRESENTS THE FULL TEXT OF THE BILL AS REPORTED BY THE COMMITTEE. THE INDIVIDUAL VIEWS OF VARIOUS COMMITTEE MEMBERS REGARDING THE BILL ARE INCLUDED. MINORITY AND ADDITIONAL VIEWS ARE REPORTED IN A SEPARATE DOCUMENT.
Index Term(s): Antitrust offenses; Consumer protection; Legislation
Note: SEE ALSO PART II - MINORITY AND ADDITIONAL VIEWS
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49752

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.