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. This resulted in varying limitations periods and forum shopping, which Congress sought to remedy by passing a uniform limitations period in 1955. 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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