Free Download-California Antitrust & Unfair Competition Law-Summary Judgment in Antitrust and Unfair Competition Law

By: Robert B. Pringle and Paul R. Griffin
 
Although the trend has changed over the last several decades, federal courts have traditionally been reluctant to grant summary judgment in antitrust cases. In Poller v. Columbia Broadcasting System, Incorporated, (''Poller''), the United States Supreme Court first urged restraint in granting defendants summary judgment ''in complex antitrust litigation where motive and intent play leading roles, the proof is largely in the hands of the alleged conspirators, and hostile witnesses thicken the plot.'' In Poller, the Supreme Court stated that:

It is only when the witnesses are present and subject to cross-examination that their credibility and the weight to be given their testimony can be appraised. Trial by affidavit is no substitute for trial by jury which so long has been the hallmark of 'even handed justice.'

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California antitrust and unfair competition law derives from statutes, policies, concerns, and history unique to our state. California State Antitrust and Unfair Competition Law, which is the source of the above commentary, has been launched to comprehensively document and describe this area of law for practitioners and regulators alike. It is a reasonably priced desk manual that is available at the LexisNexis Store and is the product of highly experienced practitioners of differing perspectives. Teams of peer reviewers also drawn from the ranks of California's leading practitioners were tasked with the review of every chapter.

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