Plaintiffs brought a treble damage action under section 4 of the Clayton Act alleging violations by defendant oil companies of sections 1 and 2 of the Sherman Act. These violations purportedly occurred some two years prior to the filing of plaintiffs' action. The district court for the southern district of California dismissed the action on the ground that it was barred by the one year California statute of limitations relating to statutory forfeitures or penalties. On appeal, the Court of Appeals for the Ninth Circuit affirmed. Held: A private antitrust action under the Clayton Act is an action to recover a penalty within the meaning of the California statute of limitations. Lek v. General Petroleum Corp., 330 F.2d 288 (9th Cir. 1964), cert. granted, 85 Sup. Ct. 148 (1964).
Federal Private Antitrust Action Is Characterized as Penal under State Law,
40 Wash. L. Rev.
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