Emerging Trend Against Nationwide Venue in Antitrust Cases
Whether Section 12 of the Clayton Act creates nationwide antitrust venue for corporate defendants depends on the circuit; many now say “no”.
December 4, 2013
Law360, New York (December 04, 2013, 2:27 PM ET) ‐‐ For over two decades now, a circuit split has been brewing on how to answer an important but seemingly straightforward question: Has Congress enacted nationwide venue in federal civil antitrust cases against corporate defendants? The source of this controversy is the two short clauses that compose the one‐sentence venue provision in Section 12 of the Clayton Act, with one clause limiting venue over corporate antitrust defendants and the other authorizing nationwide service of process:
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