Judgments & defenses

Judgments:

Clayton Act Section 5(a): a final judgment in a civil or criminal antitrust proceeding brought by the U.S. government against a defendant:

Is prima facie evidence against that defendant in an antitrust action brought by other parties

• This provides private P’s an enormous advantage in followup suits to successful government challenges

This rule generally applies with respect to all matters to which estoppel would apply

• This is distinct from claim/issue preclusion because it is a statutory right created for antitrust litigants
• Defenses: not covered, not examinable