Publication Date
1970
Abstract
Congress has adopted three different methods of enforcing the antitrust laws. Under the Sherman Act, enacted primarily as a criminal statute, the Attorney General was granted the authority to institute civil or criminal proceedings for violations of the antitrust laws. The Sherman Act provided a second method of enforcement, by authorizing private parties injured by violations of the antitrust laws to bring suits for treble damages. The third approach is regulation by the Federal Trade Commission through issuance of orders to cease illegal conduct. This Note will discuss only Government civil antitrust enforcement through the use of the consent decree, and private antitrust enforcement through treble damage actions.
The Clayton Act, enacted in 1914, created a private treble damage action for violation of all antitrust laws. Its twofold purpose was to redress private injuries caused by antitrust violations and to provide assistance to the Government in antitrust enforcement. These purposes were accomplished in part by making final judgments in Government suits prima facie evidence of violation of the antitrust laws in subsequent private treble damage actions. However, consent decrees, used by the Justice Department in anti. trust enforcement, were exempted from the prima facie effect to encourage the quick settlement of alleged violations.
Recommended Citation
S., J. E.
(1970)
"Consent Decrees and Treble Damages: More Effective Antitrust Enforcement,"
Georgia Law Review: Vol. 4:
No.
3, Article 9.
Available at:
https://digitalcommons.law.uga.edu/glr/vol4/iss3/9