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Affirmative Acts and Antitrust: The Need for a Consistent Tolling Standard in Cases of Fraudulent Concealment



by Amber Davis-Tanner
Quattlebaum, Grooms, Tull & Burrow PLLC - Little Rock Office

May 15, 2013

Previously published on Spring 2011

It is axiomatic that "no man may take advantage of his own wrong." It is also a fundamental principle of the American justice system that an exception should not swallow a rule. The doctrine of fraudulent concealment reflects the first principle: It is intended to ensure that a defendant does not "take advantage of [its] . . . wrong by permitting the statute of limitation to be tolled when a party has concealed a wrong. Various courts have established standards to determine when a statute of limitations will be tolled by fraudulent concealment in antitrust litigation. The “self-concealing”¿ standard that some courts have adopted threatens to swallow the rule established by the doctrine. The "affirmative-acts" standard is a more moderate approach that avoids the breadth of the self-concealing approach while still ensuring that wrongdoers will be punished for their unlawful acts.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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