Discovery Rule Is Better Accrual Standard For Antitrust Claims

Law360, New York (February 8, 2017, 12:04 PM EST) -- Michael Christian

Eric Buetzow The Clayton Act creates a federal civil cause of action for anti-competitive business practices. The act as originally passed in 1914, however, did not include a statute of limitations. Thus, for approximately 40 years, courts relied on the statutes of limitations from the state where the action was pending.[1] This resulted in varying limitations periods and forum shopping, which Congress sought to remedy by passing a uniform limitations period in 1955.[2] Specifically, 15 U.S.C. § 15b provides that a federal antitrust claim must be commenced within four years of the date that the cause of action accrued....

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