Duquesne Law Review


Few fields of law have experienced a more dramatic pace of development in recent years than has that of the private antitrust action. After several decades of relative quiescence, the action for treble damages has grown in significance as an antitrust enforcement device at a rapidly accelerating rate since World War 11. Especially since the advent of the multitude of Electrical Industry Antitrust Cases in 1960, such private antitrust litigation has occupied a large segment of the time and effort of many judges and of many more lawyers throughout the country. Although few have come to trial, 3 this set of cases has already produced procedural innovations 4 and preliminary rulings which will be major factors in structuring the future course of antitrust litigation. Perhaps of even greater importance, however, is the fact that the mere filing and costly preparation of more than eighteen hundred such actions has created an acute awareness among the business community and the Bar of the possibilities and the threat which the treble damage claim may represent.

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