Adam B. Perry


antitrust, clayton act, section 12, long-arm, venue, corporate defendants


This Note examines an issue currently dividing the nation's circuit courts of appeal. The issue presented is how courts should interpret and apply Section 12 of the Clayton Act, the long-arm and venue statute for private antitrust actions brought against corporate defendants. Section 12's poor construction has resulted in courts applying section 12 differently to similar sets of facts. This Note thoroughly discusses section 12 as it relates to antitrust law generally and the procedural elements of bringing a private antitrust action in federal court, examines the existing section 12 case law that illustrates the conflict and the arguments on both sides, and proposes a hybrid solution that best satisfies Congress's intent.

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