Section 5(b) of the Clayton Act, which provides for suspension of the applicable statute of limitations during the pendency of Government antitrust litigation, has traditionally been limited to those cases where a Government-obtained judgment was potentially available as prima facie evidence in a subsequent private action pursuant to section 5(a) of the Clayton Act. Relying upon two recent Supreme Court decisions which viewed the private remedy broadly, the District Court for the District of Minnesota has emphasized the independent policy objectives of section 5(b) and has decreed a broader operative scope for the section.
Trade Regulation: Section 5(b) of the Clayton Act Given an Independent Role,
1967 Duke Law Journal
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