The International Handbook on Private Enforcement of Competition Law

By: Jonathan Rubin

Defendants in civil antitrust lawsuits brought in the US federal courts have several opportunities short of a trial on the merits by which to dispose of claims against them. This chapter concerns three categories of defenses: i) challenges to the court’s subject matter jurisdiction, ii) defenses available by pre- answer motion, and iii) pretrial summary proceedings and affirmative defenses. The chapter that follows after this one deals with discovery issues under the Federal Rules of Civil Procedure.

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