Fraudulent concealment, self-concealing conspiracies, and the Clayton Act.

From: Michigan Law Review | Date: August 1, 1993| Author: | Copyright information

Courts should not require additional evidence beyond fraudulent concealment of price-fixing arrangements or unlawful restraints on trade to toll the four-year statute of limitations for antitrust claims under the Clayton Act. Since most antitrust acts must necessarily be secret and undetectable to be successful, it is unfair to require plaintiffs to show additional acts beyond the fraud inherent in the antitrust violation itself in order to preserve and present a legal claim. Requiring proof of affirmative acts of cover-up or acts separate and apart from the antitrust fraud blocks meritorious ...

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