Clayton Act Amendments of 1978

Summary

Clayton Act Amendments of 1978 - Amends the Clayton Act to entitle any indirect purchaser or seller in the chain of manufacturer, production, or distribution of goods and services to relief under such Act, upon proof of an overcharge or underpayment resulting from an antitrust violation. States that such relief may be granted in individual suits, suits by the United States, or parens patrie actions brought by a State attorney general for natural persons residing in the State. Entitles the defendant in any civil action brought by a person or the United States to prove, as a partial or complete defense, that the plaintiff was able to pass on to third parties all or part of an overcharge or underpayment. Enables the parties to any class action to prove the fact of injury, the amount of passed on charges and the extent of damages on a classwide basis, without requiring proof of such matters by each individual member of the class. States that except as provided for parens patrie actions, damages shall not be assessed in the aggregate against a defendant but only on behalf of any person who makes a valid damage claim. Grants final judgments, except consent judgments or decrees, the following evidentiary weight in subsequent litigation: (1) prima facie evidence against any plaintiff; and (2) conclusive evidence against the defendant to the action regarding the amount of passed on charges. Directs any court in a class action to act as a fiduciary for the absent members of the class in determining attorney's fees. Grants the courts discretion to award reasonable attorney's fees to a successful defendant upon a finding that the plaintiff or the plaintiff's attorney acted in bad faith, vexatiously, wantonly, or for oppressive reasons.

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1 official file

• Introduced in House

  summary · EN · 15 February 1979

  Open at official source

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