Public Comment and Judicial Review Regarding Government Antitrust Settlements

Under Section 5(a) of the Clayton Act, 15 U.S.C.S. § 16(a), a final judgment in a successful federal government antitrust enforcement action is prima facie evidence in a subsequent private action for treble damages of the defendant's antitrust violation. However, a consent decree agreed to by a defendant in a federal government action before any testimony is taken is not considered prima facie evidence in a subsequent private action.

Antitrust & Trade Law: Sherman Act

Agreements In Restraint of Trade

Trademark Law

(Federal False Advertising and False Designation of Origin Claims)

Federal Regulation of Corporate Takeover Bids or Tender Offers

Traditionally, proxies of shareholders of corporate takeover targets were sought for votes in favor of the takeover. Rules issued by the Securities and Exchange Commission to regulate the content of proxies so that shareholders were able to make an informed decision provided some protection for shareholders.

Insider Trading

(Bounties for Persons Reporting Insider Trading)