International Antitrust Law & Policy: Fordham Corporate Law 2005 - Hardcover
International Antitrust Law & Policy: Fordham Corporate Law 2005 - PDF
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Chapter 7
STANDARDS OF PROOF AND JUDICIAL
REVIEW: A U.S. PERSPECTIVE
Richard M. Steuer†
I. INTRODUCTION
Many and varied are the words that best describe the standards of
proof and judicial review that apply under the antitrust laws of the United
States. The standard of proof depends upon whether the matter is
criminal or civil, state or federal, in court or before an administrative
agency, as well as the stage of the proceeding at which the standard
applies and the nature of the offense charged. The standard of judicial
review similarly depends upon whether the matter is criminal or civil,
state or federal, the review of a court decision or administrative decision,
as well as the type of ruling being reviewed and the nature of the offense
charged.1
About the Editor:
Barry Hawk is Director of the Fordham Corporate Law Institute and Partner with Skadden Arps (New York and Brussels). He is former Vice Chair of the ABA Antitrust Section and former Chair of the New York State Bar Association Antitrust Section, as well as Professor at Fordham Law School and Visiting Professor at Michigan Law School, Monash University Law School, New York University Law School and the University of Paris.
