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Antitrust Laws and Trade Regulation, Second Edition
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

8-162 Antitrust Laws and Trade Regulation, 2nd Edition 162.syn


Antitrust Statutes of Limitations


Julian O. von Kalinowski;Peter Sullivan;Maureen McGuirl;Ralph Folsom;Frank Fine

Chapter Summary


This chapter, Antitrust Statutes of Limitations, provides detailed coverage of the statutes of limitations for private antitrust causes of action.

The chapter begins with Sections 4B and 5 of the Clayton Act which control when a federal antitrust action to recover damages must be commenced. It explains when a cause of action accrues beginning the time for filing an antitrust suit, including instances when delay is possible pursuant to tolling provisions of Section 5(i) of the Clayton Act. The chapter provides detailed consideration of the limitations period for damage actions including the accrual of a cause of action, continuing violations of the antitrust laws, and application of the accrual rules to tying arrangements, refusals to deal, Robinson-Patman violation, price fixing and other conspiracies. It also explains the effect of speculative damages on the statute of limitations. It addresses the limitations period for civil actions seeking injunctive relief. The chapter examines methods of tolling the statute of limitations including tolling by related government proceedings, fraudulent concealment, equitable tolling, and tolling in class actions.

Antitrust Laws and Trade Regulation (Matthew Bender) provides essential expert legal analysis, underlying statutory and regulatory sources, and discussions of current developments in this field. Coverage includes types and analysis of antitrust violations; exemptions to the antitrust laws; treatment of specific industries such as telecommunications, financial institutions, transportation and health care; reviews of the antitrust laws of all 50 states; and systematic analyses of the competition laws of the European Union and its Member States.


Clayton Act,Tying arrangements,refusals to deal,price fixing,speculative damages,injunctive relief,statute of limitations,Continuing violation,tacking tolling,fraudulent concealment,equitable tolling,Tolling by related government actions,Tolling by class actions,antitrust action,private antitrust action,Robinson-Patman violation,price fixing,conspiracy,injunctive relief


See Chapter 160 for an introduction to private antitrust actions. See Chapter 163 for coverage of venue, personal jurisdiction, and service of process in antitrust actions. See Chapter 164 for detailed coverage of pleadings in antitrust actions. See Chapter 165 for discussion of multidistrict litigation in antitrust actions. See Chapter 166 for specific coverage of certifying antitrust class actions. See Chapter 167 for consideration of summary judgment in class actions.


See Antitrust Strategies for Mergers, Acquisitions, Joint Ventures, and Strategic Alliances--A Deskbook for Deal Makers (Matthew Bender) for guidance on planning for and advising on mergers, joint ventures and business alliances.

See Corporate Acquisitions and Mergers (Matthew Bender) for a thorough, easy-to-use guide to the antitrust, tax, corporate, securities and financial aspects of business combinations, plus extensive forms for practice.

See Kintner's Federal Antitrust Law (Matthew Bender) for comprehensive analysis of the development and current status of antitrust law, as well as practical guidance for the application of that law.

See Cleary Gottlieb Antitrust Developments in Europe (Matthew Bender) for discussion on antitrust laws and proceedings in Europe, both at the Community and national levels.
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