Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

      The US Supreme Court may hear appeals on points of law from judgments entered by the Court of Appeals by way of petitions for a writ of certiorari. An appeal from a final judgment of the District Court in a suit under the Clayton Act may lie directly to the US Supreme Court where the District Court enters an order indicating that hearing by the Supreme Court is of general public importance ( …

Supreme Court review

Appeals from final decisions of the Federal District Court shall be taken to the Court of Appeals. Administrative decisions of the FTC may likewise be appealed to the appropriate Federal Court of Appeals within sixty days from the date of service of the cease and desist order (15 U.S.C. § 45 (c)). Cease and desist orders become effective sixty days after service. But the respondent may seek a stay, either from the FTC or, if the FTC denies the request for a stay or does not rule on it within thirty days, from the Court of Appeals.

On appeal, the FTC's findings of fact cannot be set aside if they are supported by substantial evidence, even if the appellate court would have reached another conclusion. Although reviewing courts give great deference to the agency in view of its expertise, nevertheless, courts refuse to uphold the FTC decision when it applies an incorrect legal standard in determining whether a practice is unfair or deceptive.

Appeals from criminal prosecution also lie to the Court of Appeals, although the Government is not entitled to appeal in criminal cases where the appeal would amount to double jeopardy (18 U.S.C. § 3731).

Courts of Appeals review

      The US Supreme Court may hear appeals on points of law from judgments entered by the Court of Appeals by way of petitions for a writ of certiorari. An appeal from a final judgment of the District Court in a suit under the Clayton Act may lie directly to the US Supreme Court where the District Court enters an order indicating that hearing by the Supreme Court is of general public importance (15 U.S.C. § 29(b)).

Global Competition Law

1467. Supreme Court review

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Les notions juridiques connexes

1467. Supreme Court review

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise