Vanderbilt Law Review

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It will be the purpose of this note to examine the executive's potential civil liability for damages resulting from his violations of the federal antitrust laws. First, there is the injury to the persons against whom his unlawful conduct was directed. They may desire compensation for their injuries, as well as treble damages in a suit authorized by section 4 of the Clayton Act.' Also, the executive may cause injury to his corporation by subjecting it to fines, damages,and litigation expenses. This presents the question: whether a shareholder may bring a derivative suit against the executive for these damages to the corporation. This note will seek to answer these questions and to deal with the various subsidiary issues involved in each. Brief mention will also be made of the executive's possible indemnification by the corporation.